Daniel v. Napolitano et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 2/13/2015. (JLC)
2015 Feb-13 AM 09:38
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
JOSEPH ANTHONY DANIEL,
Case No. 4:13-cv-00809-VEH-TMP
MEMORANDUM OF OPINION
The magistrate judge filed a report on January 8, 2015, recommending that the
plaintiff’s motion for summary judgment (doc. 46) be DENIED. The magistrate
judge further recommended that the defendant’s special report be treated as a motion
for summary judgment and, as such, that it be GRANTED and this action
DISMISSED WITH PREJUDICE. Neither party has filed objections to the report and
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. The Court EXPRESSLY FINDS that there are no
genuine issues of material fact and that the defendant is entitled to judgment as a
matter of law. Accordingly, the plaintiff’s motion for summary judgment (doc. 46)
is due to be and hereby is DENIED. Conversely, the defendant’s 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 in that regard.
The plaintiff’s motion for appointment of counsel (doc. 51) is DENIED as
DONE this13th day of February, 2015.
VIRGINIA EMERSON HOPKINS
UNITED STATES DISTRICT JUDGE
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