Groce v. Franklin County Commission et al

Filing 34

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/23/2017. (KEK)

FILED
2017 Mar-23 PM 03:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION

EVELYN GROCE,
Plaintiff
vs.
FRANKLIN COUNTY COMMISSION,
et al.,
Defendants

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Case No. 3:13-cv-01769-HGD

MEMORANDUM OPINION
On July 18, 2016, the magistrate judge entered a report in which he recommended
that the Court grant the defendants’ motion for summary judgment and dismiss this action
with prejudice.

(Doc. 33).

The magistrate judge informed the parties of their right to

file objections to the report and recommendation within 14 days. (Doc. 33, pp. 25-26).
No party has filed objections to the magistrate judge’s report and recommendation.
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

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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).1
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the Court finds no misstatements of law in the report and
no plain error in the magistrate judge’s description of the relevant facts.

The Court

agrees that Ms. Groce failed to offer evidence adequate to create a question of fact as
to her claims against the defendants.2

Therefore, the Court will enter judgment in favor

of the defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The

Court will enter a separate final order.
DONE this 23rd day of March, 2017.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

1

When a party objects to a report in which a magistrate judge recommends dismissal of the
action, a district court must “make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” 28 U.S.C. §§ 636(b)(1)(B)-(C).
2

Because Ms. Groce’s claims fail as a matter of law because she has not presented sufficient
evidence in support of her claims, the Court has not considered the qualified immunity issue relating to
Mr. Ellis.
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