Whitlow v. Sumiton, City of, Alabama et al

Filing 10

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 9/20/2012. (AHI)

FILED
2012 Sep-20 PM 04:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
GEORGIA WHITLOW,
Plaintiff,
v.
CITY OF SUMITON, ALABAMA;
PATRICK RAGSDALE; and
T.J. BURNETTE,
Defendants.

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Case Number: CV 12-S-1077-J

MEMORANDUM OPINION
In this action removed from Alabama state court, Plaintiff Georgia Whitlow
brings claims pursuant to 42 U.S.C. § 1983 against the City of Sumiton, Alabama (the
“City”); Patrick Ragsdale, a police officer employed by the City (“Officer Ragsdale”);
and T.J. Burnette, the City’s Chief of Police (“Chief Burnette”) (collectively the
“Defendants”). (Doc. 1). On August 31, 2012, the magistrate judge entered a report
recommending that defendants’ motion to dismiss for failure to state a claim (Doc.
6) is due to be granted. (Doc. 9). The report advised the parties that objections to the
magistrate judge’s findings and recommendation were due within 14 days following
entry of the report. That deadline has expired with no objections having been filed.
Having carefully reviewed and considered de novo all the materials in the court
file, the Court is of the opinion that the magistrate judge’s findings are due to be, and

they hereby are, ADOPTED, and his recommendation is ACCEPTED. Defendants’
motion to dismiss (doc. no. 6) is due to be GRANTED, and this action is due to be
DISMISSED. A separate order of dismissal will be entered.
DONE this 20th day of September, 2012.

______________________________
United States District Judge

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