Burks v. DeepSeafood, No. 1:2022cv00008 - Document 42 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 38 Report and Recommendation as set out. 18 MOTION to Dismiss or, in the Alternative, for More Definite Statement filed by All Defendants is GRANTED and the alternative Motion for a More Definite Statement co ntained within the motion to dismiss is DINED as moot Plaintiff's claims are DISMISSED with prejudice. 10 MOTION for leave to Seal Documents filed by Michael Burks, Sr. is GRANTED as set out. Signed by District Judge Terry F. Moorer on 11/8/2022. Copy to Plt. (fz)

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Burks v. DeepSeafood Doc. 42 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL BURKS, SR., Plaintiff, vs. DEEPSEAFOOD a/k/a DEEP SEA FOODS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-8-TFM-B MEMORANDUM OPINION AND ORDER On August 9, 2022, the Magistrate Judge entered a Report and Recommendation which recommends Defendants’ motion to dismiss (Doc. 18) be granted. See Doc. 38. Plaintiff timely filed objections. See Doc. 40. On September 16, 2022 also filed an additional document which states that because Defendants did not respond to his objection that he should be granted the sum of money requested for damages. See Doc. 41. Having reviewed the objections, the Court finds that they are due to be overruled as they do not overcome the well-reasoned analysis of the Magistrate Judge. Further, Plaintiff is simply incorrect in his assertion that a lack of response to his objections means he automatically is due the damages. The Federal Rules of Civil Procedure and local rules for the Southern District of Alabama permit a response to objections, but do not require it. Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, the Motion to Dismiss (Doc. 18) is GRANTED and the alternative Motion for a More Definite Statement contained within the motion Page 1 of 2 Dockets.Justia.com to dismiss is DENIED as moot Plaintiff’s claims are DISMISSED with prejudice. Also, pending is a motion to seal documents filed by the Plaintiff. See Doc. 10. The plaintiff requests certain medical documents be placed under seal. For good cause shown, it is ORDERED that the motion (Doc. 10) is GRANTED. The documents filed concurrent with the motion to seal (Doc. 11) shall remain under seal. A separate judgment will issue pursuant to Fed. R. Civ. P. 58. DONE and ORDERED this 8th day of November, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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