Welch v. Hopkins et al
MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 9/1/2015. (AHI)
2015 Sep-01 AM 11:35
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SECILLUP JOE WELCH,
JAMEY HOPKINS, et al.,
Case No. 4:13-cv-02103-CLS-JEO
The magistrate judge filed a report and recommendation on July 13, 2015,
recommending that defendants Carlos Woods and Jacob Weaver’s motion for
summary judgment1 be granted on plaintiff’s claims and those claims be dismissed
with prejudice. Because service was never obtained on defendant Jamey Hopkins, the
magistrate judge further recommended that plaintiff’s claims against defendant Jamey
Hopkins be dismissed without prejudice. The parties were allowed fourteen (14) days
to file objections and advised that the failure to file such objections would bar any later
challenge or review of the factual findings of the magistrate judge. No objections have
been filed by any party.
Doc. no. 13.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, the Court is
of the opinion that the magistrate judge’s report is due to be and is hereby is
ADOPTED and the recommendation is ACCEPTED. The court EXPRESSLY finds
that there are no genuine issues of material fact and defendants are entitled to judgment
as a matter of law on plaintiff’s claims against them.
Accordingly, defendants’ motion for summary judgment is due to be
GRANTED, and plaintiff’s claims against defendants Carlos Woods and Jacob
Weaver are due to be DISMISSED with prejudice. Plaintiff’s claims against defendant
Jamey Hopkins are due to be DISMISSED without prejudice. A Final Judgment will
DONE this 1st day of September, 2015.
United States District Judge
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