Toney v. Butts et al

Filing 31

ORDER granting 25 Defendants', Butts and Riner, Motion for Summary Judgment; adopting Report and Recommendations re 30 Report and Recommendations and dismissing all claims against the remaining Defendants.Ordered by Judge C. Ashley Royal on 01/16/09 (cma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION DAVID RAY TONEY, Plaintiff, v. DAVID BUTTS, et al., Defendants. _____________________________________ : : : : : : : : : : : Civil Action No. 5:07-CV-262 (CAR) ORDER ON THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is the United States Magistrate Judge's Recommendation [Tab 30] that the unopposed Motion for Summary Judgement [Doc. 25] filed by Defendants Butts and Riner be granted and that Plaintiff's claims against the remaining defendants be dismissed for Plaintiff's failure to prosecute. No Objection was filed, and having considered the matter, this Court agrees with the findings and conclusions of the United States Magistrate Judge. The Recommendation of the United States Magistrate Judge is therefore ADOPTED and MADE THE ORDER OF THE COURT. Defendants' Motion for Summary Judgment is hereby GRANTED, and any other claims asserted the remaining defendants are DISMISSED with prejudice. SO ORDERED, this 16th day of January, 2009. S/ C. Ashley Royal C. ASHLEY ROYAL UNITED STATES DISTRICT JUDGE jlr

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