Wilson v. Miree et al

Filing 74

MEMORANDUM OPINION AND ORDER - Having reviewed the materials in the record, the Court adopts the magistrate judge's report and accepts her recommendation. Accordingly, the Court denies Officer Gadson's motion for summary judgment and refers this matter to the magistrate judge for further proceedings. Signed by Judge Madeline Hughes Haikala on 11/8/2019. (KEK)

FILED
2019 Nov-08 PM 04:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ZACHERY WILSON,
Plaintiff,
v.
RODERICK GADSON,
Defendant.

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Case No. 2:16-cv-0634-MHH-SGC

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on September 30, 2019, recommending
that Officer Gadson’s motion for summary judgment be denied. (Doc. 72). The
magistrate judge advised the parties of their right to file specific written objections
within 14 days. The Court has not received objections.
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d
776, 779 n. 9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th
Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).
Having reviewed the materials in the record, the Court adopts the magistrate
judge’s report and accepts her recommendation. Accordingly, the Court denies

Officer Gadson’s motion for summary judgment and refers this matter to the
magistrate judge for further proceedings.
The Clerk shall please serve a copy of this order on the plaintiff and on counsel
of record.
DONE and ORDERED this 8th day of November, 2019.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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