Williams v. Rogers et al, No. 7:2019cv01107 - Document 30 (N.D. Ala. 2021)
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 magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingl y, the court ORDERS that the plaintiffs claim against John Doe is DISMISSED WITH PREJUDICE. The court FURTHER ORDERS that the motion for summary judgment is GRANTED as to defendant Rogers and DENIED as to defendant Smith. This matter is REFERRED to the magistrate judge for further proceedings as to the remaining claim. Signed by Judge Abdul K Kallon on 02/23/2021. (AKD)
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Williams v. Rogers et al Doc. 30 FILED 2021 Feb-23 PM 02:21 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION CLARENCE WILLIAMS, Plaintiff, v. OFFICER ROGERS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 7:19-cv-01107-AKK-HNJ MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on February 1, 2021, recommending the court dismiss with prejudice plaintiff Williams’s claim against John Doe. Doc. 28. The magistrate judge further recommended that the special report filed by defendants Rogers and Smith be treated as a motion for summary judgment, and that the court grant the motion as to defendant Rogers and deny it as to defendant Smith. Id. Finally, the magistrate judge recommended the court refer the plaintiff’s Eighth Amendment claim against defendant Smith to the magistrate judge for further proceedings. Id. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court. 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 Dockets.Justia.com hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the plaintiff’s claim against John Doe is DISMISSED WITH PREJUDICE. The court FURTHER ORDERS that the motion for summary judgment is GRANTED as to defendant Rogers and DENIED as to defendant Smith. This matter is REFERRED to the magistrate judge for further proceedings as to the remaining claim. DONE the 23rd day of February, 2021. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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