Burdette v. Smith et al (INMATE1)

Filing 21

OPINION AND ORDER; 1. That the Recommendation of the Magistrate Judge 19 is ADOPTED; 2. That the motion for summary judgment 15 with respect to the claims against Warden Giles and Officer Daniels is GRANTED and Warden Giles and Officer Daniels ar e DISMISSED as defendants in this case; and 3. That said motion is DENIED as to the plaintiff's § 1983 excessive-force claim against Sergeant Smith and Officer Ross and said claim is REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Myron H. Thompson on 3/21/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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Burdette v. Smith et al (INMATE1) Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DANIEL SCOTT BURDETTE, Plaintiff, v. SERGEANT SMITH, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:08cv703-MHT (WO) OPINION and ORDER On February 15, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. 2. That the Recommendation of the Magistrate Judge (Doc. # 19) is ADOPTED; That the motion for summary judgment (Doc. # 15) with respect to the claims against Warden Giles and Officer Daniels is GRANTED and Warden Giles and Officer Daniels are DISMISSED as defendants in this case; and 3. That said motion is DENIED as to the plaintiff's 1983 excessive-force claim against Sergeant Smith and Officer Ross and said claim is REFERRED BACK to the Magistrate Judge for appropriate proceedings. DONE, this the 21st day of March 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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