Malone v. Butler et al
MEMORANDUM OPINION-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 Dfts are entitled to judgment as a matter of law. Signed by Judge R David Proctor on 9/7/2012. (AVC)
2012 Sep-07 AM 10:20
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
FREDDIE BUTLER, DONALD
Case No.: 6:11-CV-453-RDP-HGD
This is a prisoner civil rights action wherein Plaintiff alleges that he has been deprived of
rights, privileges, or immunities afforded him under the Constitution or laws of the United States of
America and names as Defendants Warden Freddie Butler and Lieutenant Donald Skipper. (Doc.
#5). The Magistrate Judge assigned this matter filed a Report and Recommendation on August 20,
2012, recommending that the Special Report in this case (Doc. #10) be treated as a Motion for
Summary Judgment and that the Motion be granted and this case be dismissed with prejudice. (Doc.
#18). Plaintiff has not filed objections in this case.
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 is hereby ADOPTED and his Recommendation is ACCEPTED. The court
EXPRESSLY FINDS that there are no genuine issues of material fact and that Defendants are
entitled to judgment as a matter of law. Accordingly, 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.
DONE and ORDERED this
day of September, 2012.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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