Cox et al v. Bentley et al

Filing 31

MEMORANDUM OF OPINION AND ORDER-re: R&R 29 . The court is of the opinion that the Report is due to be and hereby is ADOPTED and the Recomendation is ACCEPTED. It is ORDERED that Dfts' motion for summary judgment 26 is DENIED. This matter is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 11/13/2013. (AVC)

FILED
2013 Nov-13 PM 02:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
PHILLIP RANDOLPH COX,
Plaintiff,
v.
GOVERNOR ROBERT BENTLEY, et al.,
Defendants.

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) Case No. 4:12-cv-02087-RDP-PWG
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MEMORANDUM OF OPINION AND ORDER
The Magistrate Judge filed a Report and Recommendation on October 23, 2013,
recommending that Defendants' Special Report be treated as a motion for summary judgment and,
as such, that it be denied. Although the parties were advised of their right to file specific written
objections within fourteen days, there has been no response to the Report and Recommendation.
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 hereby is ADOPTED and his Recommendation is ACCEPTED. Accordingly, it is
ORDERED that Defendants’ motion for summary judgment is DENIED.

This matter is

REFERRED to the Magistrate Judge for further proceedings.
DONE and ORDERED this

13th

day of November, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE