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08-145 - Jenkins et al v. Montgomery County Jail


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08-145 - Jenkins et al v. Montgomery County Jail
October 16, 2008
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REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that defendant's MOTION for Summary Judgment 40 be Granted and that this action be DISMISSED. It is further RECOMMENDED that, in the event this recommendation is adopted and approved, the defendants remaining Motions 36 and 39 will be rendered MOOT and should be DENIED on that basis. Signed by Magistrate Judge John S. Bryant on 10/16/08. (cc: pltfs by reg. & cert. mail)(dt)
November 2, 2008
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ORDER: The Report and Recommendations 54 is Adopted and Approved in all respects. Defendant's Motion for Summary Judgment 40 is Granted and this action is hereby Dismissed. An appeal of the judgment rendered herein would not be taken in good faith. Therefore, the plaintiffs are NOT certified to pursue an appeal of this judgment in forma pauperis. Signed by District Judge Aleta A. Trauger on 11/2/08. (cc: pltfs by reg. & cert. mail)(dt)