Gray v. Hilburn

Filing 38

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS re 24 MOTION for Summary Judgment filed by Jeffrey Hilburn. The defendant's motion for summary judgment is granted and that this action is dismissed with prejudice. Signed by Judge Kristi K. DuBose on 9/28/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KENDRICK DEMOND GRAY,
Plaintiff,
v.
JEFFREY HILBURN,
Defendant.

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CIVIL ACTION 09-0669-KD-N

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and there having been no objections filed, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. ' 636 and dated September 1, 2011, is ADOPTED as
the opinion of this Court.
Accordingly, it is ORDERED that Defendant Hilburn’s Motion for Summary Judgment
(Docs. 24, 25, 26) is GRANTED on the basis that the Defendant is entitled to qualified
immunity, and that this action is DISMISSED with prejudice.
DONE and ORDERED this the 28th day of September 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE