Fedd v. Owens et al

Filing 89

ORDER granting 32 Motion for Summary Judgment; denying 58 Motion for TRO; adopting Report and Recommendations re 86 Report and Recommendations.; granting 21 Motion for Summary Judgment.Ordered by Judge W. Louis Sands on 9/17/2010 (bcl)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION FRANK SOLOMON FEDD, SR., : : Plaintiff, : : v. : : BRIAN OWENS, et al., : : Defendants. : ____________________________________: ORDER Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed August 24, 2010. (Doc. 86). It is recommended that Defendants' Motions for Summary Judgment (Docs. 21, 32) be GRANTED and Plaintiff's Motion for Temporary Restraining Order (Doc. 58) be DENIED. (Doc. 86). The Report and Recommendation provided the Parties with fourteen (14) days1 from the date of its service to file written objections to the recommendations therein. (Id.). The period for filing objections expired on Monday, September 13, 2010;2 no objections have been filed to date. (See Docket). Upon full review and consideration of the record, the Court finds that said Report and Recommendation (Doc. 86) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly,

Case No. 1:09-cv-52 (WLS)

The Parties were given an additional three days because service was made by mail. See Fed. R. Civ. P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address). 2 Pursuant to Federal Rule of Civil Procedure 6(a)(2), because the actual deadline for filing objections--Saturday, September 11, 2010--fell on a weekend, the deadline was extended to Monday, September 13, 2010. See Fed. R. Civ. P. 6(a)(2).

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Defendants' Motions for Summary Judgment (Docs. 21, 32) are GRANTED, and Plaintiff's Motion for Temporary Restraining Order (Doc. 58) for injunctive relief is DENIED. SO ORDERED, this 17th day of September, 2010. _/s/ W. Louis Sands___________________ THE HONORABLE W. LOUIS SANDS, UNITED STATES DISTRICT COURT

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