Thomas v. Bobo et al

Filing 34

MEMORANDUM OPINION ADOPTING and ACCEPTING the 33 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 6/30/2016. (JLC)

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FILED 2016 Jun-30 AM 11:46 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION TIVON ROLLIE THOMAS, Plaintiff, v. DR. PHILLIP BOBO, et al., Respondent. ) ) ) ) ) ) ) ) ) CASE NO.: 7:14-cv-02084-VEH-JEO MEMORANDUM OPINION The Plaintiff has filed this case seeking monetary damages or injunctive relief pursuant to 42 U.S.C. § 1983 for violations of his civil rights. The Defendants’ special reports were treated by the court as motions for summary judgment. (Docs. 21, 27). The court also treated a portion of the Plaintiff’s response to the special reports as a motion for leave to conduct additional discovery. (Doc. 30 at 2). On June 1, 2016, the magistrate judge filed a report and recommendation recommending that “the plaintiff’s motion for leave to conduct additional discovery be denied . . ., the motions for summary judgment be granted, and this action be DISMISSED WITH PREJUDICE.” (Doc. 33 at 18) (emphasis in original). The time for objections to the recommendation has expired, and no objections have been filed by any party. 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 the Plaintiff is not entitled to additional discovery. Accordingly, the Plaintiff’s motion for additional discovery is due to be DENIED. Further, the Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the Defendants are entitled to judgment as a matter of law. Accordingly, the Defendants’ motions for summary judgment are due to be GRANTED, and this action is due to be DISMISSED WITH PREJUDICE. A Final Judgment will be entered. DONE this the 30th day of June, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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