Hope v. Allen et al (INMATE1)

Filing 46

ORDERED as follows: (1) the 45 magistrate judge's recommendation is adopted; (2) the 17 motion for summary judgment is granted in part and denied in part; (3) summary judgment is entered in favor of defendants Richard Allen, W. G. Rowell, Le on Bolling, Bobby Barrett, Carl Clay, and Allan D. Smith and against plaintiff Larrie Hope on all claims against these defendants in both their official and individual capacities, with plaintiff Larrie Hope taking nothing as to all claims against the se defendants in their official and individual capacities; (4) summary judgment is entered in favor of defendants Roosevelt Pettaway, Anthony Barber, and Tericus Dinkins and against plaintiff Hope on all claims against these defendants in their offic ial and individual capacities, except as to plaintiff Hope's excessive-force claim against these defendants in their individual capacities, with plaintiff taking nothing as to all the claims against these defendants except plaintiff Hope's excessive-force claim against these defendants in their individual capacities; (5) this case will proceed to trial on plaintiff Hope's excessive-force claim against defendants Pettaway, Barber, and Dinkins in their individual capacities. Signed by Honorable Myron H. Thompson on 6/16/09. (sl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

LARRIE HOPE,

) ) Plaintiff, ) ) v. ) ) RICHARD ALLEN, Commissioner ) of Alabama Department of ) Corrections, et al., ) ) Defendants. ) ORDER

CIVIL ACTION NO. 2:07cv210-MHT

After an independent and de novo review of the record and upon consideration of the magistrate judge's

recommendation (Doc. No. 45), to which no objection has been filed, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The magistrate judge's recommendation (Doc. No. 45) is adopted. (2) The motion for summary judgment (Doc. No. 17) is granted in part and denied in part.

(3) Summary

judgment

is

entered

in

favor

of

defendants Richard Allen, W. G. Rowell, Leon Bolling, Bobby Barrett, Carl Clay, and Allan D. Smith and against plaintiff defendants Larrie in Hope on all claims against and these

both

their

official

individual

capacities, with plaintiff Larrie Hope taking nothing as to all claims against these defendants in their official and individual capacities. (4) Summary defendants judgment is entered Anthony in favor of and

Roosevelt

Pettaway,

Barber,

Tericus Dinkins and against plaintiff Hope on all claims against these defendants in their official and individual capacities, except as to plaintiff Hope's excessive-force claim against these defendants in their individual

capacities, with plaintiff taking nothing as to all the claims against these defendants except plaintiff Hope's excessive-force claim against these defendants in their individual capacities.

2

(5) This case will proceed to trial on plaintiff Hope's excessive-force claim against defendants Pettaway, Barber, and Dinkins in their individual capacities. DONE, this the 16th day of June, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE