Dobbins v. Hulett et al (INMATE1)

Filing 43

ORDER that Defendant Lewis Hulett's 41 Objections are overruled; that 40 REPORT AND RECOMMENDATIONS is adopted; that Defendants J.C. Giles and Hulett's 9 motion for summary judgment is granted except as to plaintiff Dobbins's exc essive-force claim against defendant Hulett in his individual capacity; that Judgment is entered in favor of defendants Giles and Hulett and against plaintiff Dobbins, except as to plaintiff Dobbins's excessive-force claim against defendant Hule tt in his individual capacity, with plaintiff Dobbins taking nothing by his complaint except as to his excessive-force claim against defendant Hulett in his individual capacity; that Plaintiff Dobbins's excessive-force claim against defendant Hulett in his individual capacity shall go to trial; that this case is terminated as to defendant J.C. Giles. Signed by Honorable Judge Myron H. Thompson on 5/26/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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

WILLIAM GEOFFERY DOBBINS,

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Plaintiff,
v.
J.C. GILES and LEWIS
HULETT,
Defendants.

CIVIL ACTION NO.
2:08cv895-MHT
(WO)

ORDER
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant Lewis Hulett’s objections (doc. no.
41) are overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 40) is adopted.
(3) Defendants J.C. Giles and Hulett’s motion for
summary judgment (doc. no. 9) is granted except
as to plaintiff Dobbins’s excessive-force claim

against

defendant

Hulett

in

his

individual

capacity.
(4) Judgment is entered in favor of defendants Giles
and Hulett and against plaintiff Dobbins, except
as to plaintiff Dobbins’s excessive-force claim
against

defendant

Hulett

in

his

individual

capacity, with plaintiff Dobbins taking nothing
by his complaint except as to his excessiveforce

claim

against

defendant

Hulett

in

his

individual capacity.
(5) Plaintiff
against

Dobbins’s
defendant

excessive-force

Hulett

in

his

claim

individual

capacity shall go to trial.
This case is terminated as to defendant J.C. Giles.
DONE, this the 26th day of May, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE