Marshall v. Tatum et al

Filing 56

ORDER granting 38 Motion for Summary Judgment; adopting 52 Report and Recommendations. Therefore, Plaintiff's complaint is dismissed as moot and this case is closed. Signed by Judge J. Randal Hall on 1/18/17. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION JAMMIE L. MARSHALL, Plaintiff, CIVIL ACTION NO.: 6:15-cv-85 v. WARDEN CLAY TATUM; and CO. ANTHONY MOBLEY, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, (doc. 52), to which Plaintiff filed Objections. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as the opinion ofthe Court and OVERRULES Plaintiffs Objections.1 The Court GRANTS Defendants' Motion for Summary Judgment, DISMISSES Plaintiffs Complaint, DISMISSES AS MOOT all other pending Motions, and DENIES Plaintiff leave to proceed informapauperis on appeal. The Court DIRECTS the Clerk of Court to enter an appropriate Judgment of Dismissal and to CLOSE this case. SO ORDERED, this I^ day ofJanuary, 2017. )AL HALL UNITED STATES DISTRICT JUDGE DISTRICT OF GEORGIA 1 Plaintiffs Objections largely focus on conflicts in the facts. However, the Magistrate Judge correctly conducted his analysis construing all factual disputes in Plaintiffs favor. Even under that construction, Defendantsare entitled to summaryjudgment as a matter of law. (Doc. 52, p. 4.)

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