Smith v. Sanders et al

Filing 51

MEMORANDUM OPINION AND ORDER Having carefully reviewed and considered de novo all the materials inthe court file, including the report and recommendation, the magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. Accordin gly, the court ORDERS that the motions for summary judgment filed by defendant Sanders and the plaintiff are DENIED. This matter is REFERRED to the magistrate judge for further proceedings.. Signed by Judge Annemarie Carney Axon on 1/23/2019. (TLM, )

FILED
2019 Jan-23 AM 09:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES SMITH,

)
)
Plaintiff,
)
)
v.
) Case No. 2:17-cv-01142-ACA-JHE
)
COS1 CARL SANDERS,
)
)
Defendant.
)
MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report on December 21, 2018,
recommending the defendant’s special report be treated as a motion for
summary judgment and further recommending that the motion be denied.
(Doc. 50).

The magistrate judge additionally recommended the plaintiff’s

cross-motion for summary judgment be denied. (Id.). Although the parties
were advised of their right to file specific written objections within fourteen
days, the court has received no objections.
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 hereby ADOPTED and the recommendation is
ACCEPTED.

Accordingly, the court ORDERS that the motions for

summary judgment filed by defendant Sanders and the plaintiff are DENIED.
This matter is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED this January 23, 2019.

_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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