Jemison v. Wise, No. 2:2009cv00961 - Document 51 (N.D. Ala. 2012)

Court Description: MEMORANDUM OPINION AND ORDER. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report is due to be and hereby is ADOPTED and his recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant's motion for summary judgment is DENIED. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge Robert B Propst on 7/16/2012. ** copy provided to pro se pltf by US Mail, this date. (FNC)

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FILED 2012 Jul-16 AM 07:28 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BERNARD JEMISON, Plaintiff vs. WARDEN DAVID WISE, Defendant ) ) ) ) ) ) ) ) ) Case No. 2:09-cv-00961-RBP-HGD MEMORANDUM OF OPINION AND ORDER The magistrate judge filed a report on April 10, 2012, recommending that the defendant s special report be treated as a motion for summary judgment and, as such, that it be denied. Although the parties were advised of their right to file specific written objections within fourteen (14) days, there has been no response to the report and recommendation. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge s report is due to be and hereby is ADOPTED and his recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant s Page 1 of 2 motion for summary judgment is DENIED. This matter is REFERRED to the magistrate judge for further proceedings. DONE this 16th day of July, 2012. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE Page 2 of 2

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