Calhoun v. Banks et al (INMATE1)

Filing 29

ORDER, JUDGMENT and DECREE of the court that: 1) The plf's 28 Objection to the Recommendation of the Magistrate Judge is OVERRULED; 2) The 24 Recommendation of the Magistrate Judge is ADOPTED; 3) The dfts' 9 Motion for Summary Judgmen t on plf's excessive force and deliberate indifference claims is DENIED; 4) The plf's request for criminal prosecution of the dfts is DISMISSED with prejudice in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 5) This case will b e set for a bench trial on the plf's claims that the dfts acted in violation of his constitutional rights regarding the use of excessive force and deliberate indifference to his medical needs. Signed by Hon. Chief Judge Mark E. Fuller on 6/22/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION J E F F E R Y W. CALHOUN, P l a i n t if f , v. W IL L IA M BANKS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:07-cv-455-MEF WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #28) to the Recommendation of the Magistrate J u d g e filed on June 11, 2009 is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #24) filed on May 28, 2009 is ADOPTED; 3 . The defendants' motion for summary judgment on plaintiff's excessive force and d e lib e ra te indifference claims is DENIED. 4 . The plaintiff's request for criminal prosecution of the defendants is DISMISSED w ith prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i). 5 . This case will be set for a bench trial on the plaintiff's claims that the defendants a c te d in violation of his constitutional rights regarding the use of excessive force and d e l ib e r a te indifference to his medical needs. D O N E this the 22nd day of June, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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