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13-420 - Foster v. Jones, et al. (INMATE 1)


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13-420 - Foster v. Jones, et al. (INMATE 1)
August 10, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The defendants filed a special report, supplemental special reports and supporting evidentiary materials addressing in response to the complaint. Pursuant to the orders entered in this case, the court deems it appropriate to construe these reports as a motion forsummary judgment. It is the RECOMMENDATION of the Magistrate Judge that: 1. The defendants' motion for summary judgment be granted. 2. Judgment be entered in favor of the defendants. 3. The pendant state claim be dismissed without prejudice. 4. The plaintiff's federal constitutional claims be DISMISSED with prejudice. 5. The costs of this proceeding be taxed against the plaintiff. Objections to R&R due by 8/24/2016. Signed by Honorable Judge Charles S. Coody on 8/10/2016. (dmn, )
August 25, 2016
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ORDER that Plaintiff's 45 Objections are OVERRULED. The court ADOPTS the 44 Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. The Defendants' Motion for Summary Judgment is GRANTED, and the Plaintiff's federal constitutional claims are DISMISSED with prejudice. 2. The pendant state law claim is DISMISSED without prejudice. 3. Final Judgment will be entered in favor of the Defendants, with costs taxed against thePlaintiff. Signed by Honorable Judge W. Harold Albritton, III on 8/25/2016. (dmn, )
August 25, 2016
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FINAL JUDGMENT is entered in favor of the Defendants and against the Plaintiff. Costs are taxed against the Plaintiff. Signed by Honorable Judge W. Harold Albritton, III on 8/25/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )