McMiller v. Smith et al, No. 5:2010cv03255 - Document 24 (N.D. Ala. 2012)

Court Description: MEMORANDUM OPINION as more fully set out. Signed by Judge C Lynwood Smith, Jr on 07/26/12. (SPT )
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FILED 2012 Jul-26 AM 09:31 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION WILLIE MCMILLER, Plaintiff vs. LT. JAMES SMITH, et al., Defendants. ) ) ) ) ) Case No. 5:10-cv-03255-CLS-JEO ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on July 3, 2012, recommending that the defendants motion for summary judgment be granted and this cause be dismissed with prejudice. (Doc. 23.) No objections have been filed by any party. 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 it hereby is, ADOPTED, and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Accordingly, defendants motion for summary judgment is due to be GRANTED and this action is due to be DISMISSED WITH PREJUDICE. A Final Judgment will be entered. DONE this 26th day of July, 2012. ______________________________ United States District Judge