West v. Sconyers et al (INMATE2)

Filing 44

ORDER: It is the ORDER, JUDGMENT and DECREE of the court that: 1. The 43 RECOMMENDATION of the Magistrate Judge is ADOPTED. 2. Defendants' motions for summary judgment on plaintiff's excessive force claim (Doc. 26 , 31 ) are DENIED. 3. The plaintiff's § 1983 excessive force claim will be set for trial by jury. Signed by Hon. Chief Judge Mark E. Fuller on 11/22/2010. (dmn)

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West v. Sconyers et al (INMATE2) Doc. 44 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S ROBERT WEST, JR., #110315, P la in tif f , v. C A P T A IN SCONYERS, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-082-MEF ORDER O n November 3, 2010, the Magistrate Judge filed a Recommendation (Doc. #43) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . Defendants' motions for summary judgment on plaintiff's excessive force claim (D o c . #26, #31) are DENIED. 3 . The plaintiff's 1983 excessive force claim will be set for trial by jury. D O N E this the 22 nd day of November, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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