McGhee v. Hale et al

Filing 32

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/26/2016. (PSM)

FILED
2016 Jul-26 AM 11:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FRANKLIN D. McGHEE,
Plaintiff,
v.
MIKE HALE, Sheriff, et al.,
Defendants.

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Case No. 2:14-cv-01532-LSC-SCG

MEMORANDUM OPINION
The magistrate judge filed a report on June 15, 2016, recommending that
defendant Sheriff Hale’s special report be treated as a motion for summary
judgment and further recommending that the motion be granted. (Doc. 31). The
magistrate judge also recommended that the plaintiff’s claims against defendant
Deputy Davis be dismissed without prejudice for want of prosecution. Although
the parties were advised of their right to file specific written objections within
fourteen days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is ADOPTED and the recommendation is ACCEPTED. Accordingly, the court
ORDERS that Sheriff Hale’s motion for summary judgment is GRANTED, the
court finding no genuine issues of material fact exist. The court further ORDERS

that the plaintiff’s claims against Deputy Davis are DISMISSED without prejudice
for want of prosecution. A Final Judgment will be entered.
Done and Ordered this 26th day of July 2016.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
182185

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