Key v. Kimbrel et al

Filing 42

ORDER ADOPTING 40 REPORT AND RECOMMENDATION. Dft's MOTION for Summary Judgment is GRANTED, & Plf's claim against Dft Kimbrel is DISMISSED w/prejudice. Motion for Discovery and the Opportunity to Present Additional Evidence included in objection is noted, but DENIED as set out. Signed by Judge Callie V. S. Granade on 10/6/2014. (copy mailed to Plf on 10/7/14) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TYVORIUS KEY, AIS #273817, : : : : : : : : : : Plaintiff, vs. SGT. KIMBREL, Defendant. CIVIL ACTION 13-371-CG-M ORDER After due and proper consideration of the issues raised, and a de novo determination of those portions of the Recommendation to which objection1 is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that Defendant’s Motion for Summary Judgment be GRANTED and Plaintiff’s claim against Defendant Kimbrel be and is hereby DISMISSED with prejudice. DONE and ORDERED this 6th day of October, 2014. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 1 The objection included a motion for discovery and the opportunity to present additional evidence. That opportunity was allowed earlier in these proceedings, and as the motion for summary judgment is ripe with f nourther evidence having been timely submitted, the request is noted, but DENIED.

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