Campbell v. Gentry et al

Filing 43

MEMORANDUM OPINION ADOPTING and ACCEPTING the 38 Magistrate Judges Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 8/16/2016. (JLC)

FILED
2016 Aug-16 AM 11:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
WILLIAM O’NEAL CAMPBELL,
Plaintiff,
v.
ADAM WHITEHEAD, et al.,
Defendants.

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Case No. 5:15-cv-00240-VEH-SGC

MEMORANDUM OPINION
The magistrate judge filed a report on July 13, 2016, recommending the
defendant’s motion for summary judgment be granted and this action dismissed
with prejudice. (Doc. 38). The plaintiff filed generalized objections to the report
and recommendation on July 22, 2016, but failed to identify the specific findings
of fact to which he objects. (Doc. 39). He therefore does not adequately refute the
magistrate judge’s conclusion that he has failed to demonstrate a genuine issue of
fact with regard to a critical element of his Eighth Amendment claim.
Accordingly, having carefully reviewed and considered de novo all the
materials in the court file, including the report and recommendation and the
objections thereto, the magistrate judge’s report is hereby ADOPTED and the
recommendation is ACCEPTED. Finding no genuine issues of material fact exist,

and that the defendants are entitled to judgment as a matter of law, the court
concludes that the defendants’ motion for summary judgment is due to be
GRANTED .
A Final Judgment will be issued contemporaneously herewith.
DONE and ORDERED this August 16, 2016.

_________________________________
VIRGINIA EMERSON HOPKINS
UNITED STATES DISTRICT JUDGE

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