Goodwin v. Kelly et al

Filing 67

MEMORANDUM OPINION - Having reviewed and considered the materials in the court file, including the report and recommendation, the Court adopts the magistrate judge's report and accepts his recommendation. Because no genuine issues of material fa ct exist with respect to Mr. Goodwin's claims against Cpl. Misty Kelly, Officer Jason Haggard, Sheriff Ana Franklin, Officer Christopher Bumpus, and John Wright, the Court will enter summary judgment in favor of those defendants. (Docs. 27 , [4 4]). The Court dismisses Mr. Goodwin's claims against Morgan County without prejudice for failure to state a claim. (Doc. 63 , p. 11). The Court dismisses Mr. Goodwin's claims against defendant Austin Addison without prejudice for failure to prosecute. (Doc. 63 , p. 1, n.1). Signed by Judge Madeline Hughes Haikala on 1/15/2020. (KEK)

FILED
2020 Jan-15 PM 02:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
CHELSON D’ANGELO GOODWIN,
Plaintiff,
v.
CPL. MISTY KELLY, et al.,
Defendants.

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Case No.: 5:17-cv-2105-MHH-JHE

MEMORANDUM OPINION
The magistrate judge filed a report on December 20, 2019, recommending
that the Court grant defendant Morgan County’s motion to dismiss, grant summary
judgment in favor of defendants Cpl. Misty Kelly, Officer Jason Haggard, Sheriff
Ana Franklin, Officer Christopher Bumpus, and John Wright, and dismiss Mr.
Goodwin’s claims against defendant Austin Addison without prejudice. (Doc. 63).
The magistrate judge advised the parties of their right to object. (Doc. 63, pp. 1819). The 14-day period to object has expired, and no party has objected.
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d

776, 779 n. 9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th
Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).
Having reviewed and considered the materials in the court file, including the
report and recommendation, the Court adopts the magistrate judge’s report and
accepts his recommendation. Because no genuine issues of material fact exist with
respect to Mr. Goodwin’s claims against Cpl. Misty Kelly, Officer Jason Haggard,
Sheriff Ana Franklin, Officer Christopher Bumpus, and John Wright, the Court will
enter summary judgment in favor of those defendants. (Docs. 27, 44). The Court
dismisses Mr. Goodwin’s claims against Morgan County without prejudice for
failure to state a claim. (Doc. 63, p. 11). The Court dismisses Mr. Goodwin’s claims
against defendant Austin Addison without prejudice for failure to prosecute. (Doc.
63, p. 1, n.1).
The Court will enter a separate final judgment.
DONE this 15th day of January, 2020.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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