Taylor v. Owens et al, No. 5:2018cv01709 - Document 42 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION that the magistrate judge's report is ADOPTED and recommendation is ACCEPTED; defendant's motion for summary judgment is GRANTED; the court finds no genuine issues of material fact exist. Signed by Judge Liles C Burke on 3/11/2020. (AHI)

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Taylor v. Owens et al Doc. 42 FILED 2020 Mar-11 AM 09:12 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ROBERT WALTER TAYLOR Plaintiff, v. TIM OWENS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:18-cv-1709-LCB-SGC MEMORANDUM OPINION The magistrate judge filed a report on February 11, 2020, recommending the defendant’s special report be treated as a motion for summary judgment and further recommending that the motion be granted. (Doc. 40). The plaintiff was advised of his right to file specific written objections within fourteen days, but failed to do so. However, the plaintiff filed an untimely objection on March 2, 2020. (Doc. 41). The Court will not consider the plaintiff’s untimely objections. However, even if the objections had been timely, they were nonetheless meritless. Neither of Taylor’s “objections” identify specific findings or recommendations to which he objects, nor do they identify areas of his complaint that the report and recommendation failed to address. Rather, the plaintiff reiterates a claim he raised in an earlier filing that was addressed in the magistrate judge’s report and recommendation, i.e., that prison officials at Limestone Correctional Facility would Dockets.Justia.com not allow him to view the video evidence in his case. Taylor also reasserts his claims of excessive force and appears to suggest that one of the defendants was negligent for leaving drug-test kits near the plaintiff. However, the magistrate judge thoroughly and correctly addressed these issues in her report and recommendation. Thus, even if the Court considered Taylor’s untimely objections, the result would be the same. Having carefully reviewed and considered de novo all the materials in the Court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and her recommendation is ACCEPTED. Accordingly, the Court ORDERS that the defendant’s motion for summary judgment is GRANTED, the Court finding that no genuine issues of material fact exist. DONE and ORDERED March 11, 2020. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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