Averhart v. COI Officer Kendrick, No. 2:2011cv02567 - Document 46 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION AND ORDER that the Magistrate Judge's Findings and Recommendation are ADOPTED as the Opinion of the Court. All claims of the Plaintiff are hereby DISMISSED WITH PREJUDICE. Signed by Judge Virginia Emerson Hopkins on 2/25/2014. (Attachments: # 1 Appeal Notice)(JLC)

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FILED 2014 Feb-25 PM 04:46 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA DIVISION DERRICK AVERHART, Plaintiff, v. CORRECTIONAL OFFICER ANTWAN KENDRICK, Defendant. ) ) ) ) ) Case No.: 2:11-CV-02567-VEH-JEO ) ) ) ) ) MEMORANDUM OPINION AND ORDER This matter comes before the court on the objections (doc. 45) filed on January 10, 2014, to the Magistrate Judge s Report and Recommendation (doc. 40). The court, having considered the findings and recommendation, and having reviewed the entire file, concludes that the magistrate judge s findings and recommendation are correct. Accordingly, the findings and recommendation are ADOPTED as the opinion of the court. All claims of the Plaintiff are hereby DISMISSED WITH PREJUDICE. See attached Notice regarding appeal rights. DONE and ORDERED this the 25th day of February, 2014. VIRGINIA EMERSON HOPKINS United States District Judge

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