Miller v. Johnson et al (INMATE 1), No. 2:2020cv00458 - Document 22 (M.D. Ala. 2023)
Court Description: MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The 21 Recommendation of the Magistrate Judge is ADOPTED; 2) The Defendants' 13 Answer and Special Report are construed as a motion for summary judgment, and the motion for summar y judgment is GRANTED in favor of the Defendants on the Plaintiff's federal claims; 3) To the extent that the Plaintiff brings supplemental state law claims, those claims are DISMISSED without prejudice; 4) This case is DISMISSED; A separate Final Judgment will be entered. Signed by Chief Judge Emily C. Marks on 8/21/2023. (amf, )
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Miller v. Johnson et al (INMATE 1) Doc. 22 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROY LEE MILLER, ) ) ) ) ) CIVIL CASE NO. 2:20-cv-458-ECM ) (WO) ) ) ) Plaintiff, v. LT. JOHNSON, et al., Defendants. MEMORANDUM OPINION and ORDER On July 26, 2023, the Magistrate Judge entered a Recommendation (doc. 21) to which no timely objections have been filed. Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. The Defendants’ Answer and Special Report (doc. 13) are construed as a motion for summary judgment, and the motion for summary judgment (doc. 13) is GRANTED in favor of the Defendants on the Plaintiff’s federal claims. 3. To the extent that the Plaintiff brings supplemental state law claims, those claims are DISMISSED without prejudice. 4. This case is DISMISSED. A separate Final Judgment will be entered. DONE this 21st day of August, 2023. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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