United States District Court, N.D. Alabama, Southern Division
June 10, 2015
RICARDO POOLE, Plaintiff,
VICTORRUS FELDER, Defendant.
MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report on May 18, 2015, recommending that the defendant’s special report be treated as a motion for summary judgment and, as such, that it be denied. Although the parties were advised of their right to file specific written objections within fourteen days, there has been no response to the report and recommendation.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report (doc. 33) is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant’s motion for summary judgment (doc. 31) is DENIED. This matter is REFERRED to the magistrate judge for further proceedings.
The Clerk is DIRECTED to serve a copy of this order upon the plaintiff and upon counsel for the defendant.