Malone v. Butler et al, No. 6:2011cv00453 - Document 19 (N.D. Ala. 2012)

Court Description: MEMORANDUM OPINION-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. The court EXPRESSLY FINDS that there are no genuine issues of material fact and that Dfts are entitled to judgment as a matter of law. Signed by Judge R David Proctor on 9/7/2012. (AVC)
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FILED 2012 Sep-07 AM 10:20 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION CHARLES MALONE, Plaintiff, v. FREDDIE BUTLER, DONALD SKIPPER, Defendants. } } } } } } } } } } Case No.: 6:11-CV-453-RDP-HGD MEMORANDUM OPINION This is a prisoner civil rights action wherein Plaintiff alleges that he has been deprived of rights, privileges, or immunities afforded him under the Constitution or laws of the United States of America and names as Defendants Warden Freddie Butler and Lieutenant Donald Skipper. (Doc. #5). The Magistrate Judge assigned this matter filed a Report and Recommendation on August 20, 2012, recommending that the Special Report in this case (Doc. #10) be treated as a Motion for Summary Judgment and that the Motion be granted and this case be dismissed with prejudice. (Doc. #18). Plaintiff has not filed objections in this case. 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 is hereby ADOPTED and his Recommendation is ACCEPTED. The court EXPRESSLY FINDS that there are no genuine issues of material fact and that Defendants are entitled to judgment as a matter of law. Accordingly, Defendant s 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 and ORDERED this 7th day of September, 2012. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2