Fields v. Melton et al

Filing 22

MEMORANDUM OPINION ADOPTING the Magistrate Judge's 21 Report and ACCEPTING his 21 Recommendation as set out herein. Signed by Judge Virginia Emerson Hopkins on 8/7/2014. (JLC)

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FILED 2014 Aug-07 PM 01:58 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DEXTER FIELDS, Plaintiff vs. CORDARO MELTON, et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 4:11-CV-04318-VEH-HGD MEMORANDUM OPINION The magistrate judge filed a report and recommendation on July 10, 2014, recommending that “the defendants’ special report be construed as a motion for summary judgment and, as such, that it be GRANTED and the claims against Officers Thurman and Melton be DISMISSED WITH PREJUDICE.” (Doc. 21 at 12). Officers Thurman and Melton are the only remaining defendants in this action. No objections have been filed by any party. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no Page 1 of 2 genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Accordingly, defendants’ motion for summary judgment is due to be GRANTED and this action is due to be DISMISSED WITH PREJUDICE. A Final Judgment will be entered. DONE and ORDERED this 7th day of August, 2014. VIRGINIA EMERSON HOPKINS United States District Judge Page 2 of 2

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