Summary
In Smith, the inmate alleged that on the same day that he had been gathering documentation to file a grievance and his federal lawsuit, the defendant/appellee, Winkler, told him "that the prison could transfer Smith and say it was based on institutional needs," and the inmate's transfer was accomplished mere days later.
Summary of this case from Jenkins v. Montgomery CountyOpinion
NO. 3:05-0860.
October 26, 2007
ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 157), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved.
Accordingly, Defendants' Motion for Summary Judgment (Docket No. 129) is GRANTED, and Plaintiff's Motion for Summary Judgment (Docket No. 142) is DENIED. This action is DISMISSED. The trial set for December 11, 2007, and the pretrial conference set for December 3, 2007, are canceled.
This Order shall constitute the final judgment in this case pursuant to Fed.R.Civ.P. 58.
IT IS SO ORDERED.