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)

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

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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
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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

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