SMITH v. HUMPHREY et al

Filing 199

ORDER ADOPTING 196 Report and Recommendations and GRANTING 174 Motion for Summary Judgment. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 2/28/2014. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION LESTER J. SMITH, Plaintiff, v. CARL HUMPHREY et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:12-CV-15 (MTT) ORDER This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 196). The Magistrate Judge recommends granting the Defendants’ motion for summary judgment (Doc. 174) because the Plaintiff has presented insufficient evidence to create a genuine dispute as to any material fact and the Defendants are entitled to judgment as a matter of law. The Plaintiff has objected to the Recommendation. (Docs. 197, 198). Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s objection and made a de novo determination of the portions of the Recommendation to which the Plaintiff objects. The Recommendation is ADOPTED and made the ORDER of the Court. The Defendants’ motion for summary judgment is GRANTED. SO ORDERED, this 28th day of February, 2014. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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