Mallory v. Hetzel et al (INMATE 2), No. 2:2012cv01011 - Document 44 (M.D. Ala. 2016)
Court Description: OPINION and ORDER: it is ORDERED and ADJUDGED that the Recommendation of the magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. Plaintiff's request for injunctive relief (Doc. 1 ) is DENIED as moo t; 2. Plaintiff's third affidavit (Doc. 19 ) is STRICKEN as a sham affidavit; 3. Defendants' motion for summary judgment (Doc. 14 ) is GRANTED. Final Judgment will be entered in favor of Defendants. Signed by Honorable Judge W. Harold Albritton, III on 9/19/2016. (kh, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JACQUES MALLORY, # 191 525, Plaintiff, v. WARDEN GARY HETZEL, III, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO.: 2:12-CV-1011-WHA ) [WO] ) ) ) OPINION and ORDER On August 26, 2016, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Doc. 43. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. Plaintiff’s request for injunctive relief (Doc. 1) is DENIED as moot; 2. Plaintiff’s third affidavit (Doc. 19) is STRICKEN as a sham affidavit; 3. Defendants’ motion for summary judgment (Doc. 14) is GRANTED. Final Judgment will be entered in favor of Defendants. Done, this 19th day of September, 2016. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE
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