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)

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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. ) ) ) ) ) ) ) ) ) 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 2

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