Lockett v. Matthews (INMATE1)

Filing 32

OPINION and ORDER directing as follows: (1) ADOPTING 31 REPORT AND RECOMMENDATION of the Mag Judge; (2) the defendants' MOTION for Summary Judgment with respect tot he claims against the defendants in their official capacities be and is hereby GRANTED; (3) the motion for summary judgment with respect to the claims against Commissioner Allen, Warden Giles, Captain Taylor and Officer Jackson be and is hereby GRANTED and Commissioner Allen, Warden Giles, Captain Taylor and Officer Jackson be and are hereby DISMISSED as defendants in this case; (4) the motion for summary judgment with respect to the plf's excessive force claims against Counselor Matthews in his individual capacity be and is hereby DENIED. Signed by Honorable Judge Truman M. Hobbs on 10/31/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
PAUL VINCENT LOCKETT,
Plaintiff,
v.
JEREMIAH MATTHEWS, et al.,
Defendants.

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) CIVIL ACTION NO. 2:09cv36-TMH
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OPINION and ORDER
On October 7, 2011, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 31). Upon an independent review of the file in
this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED as follows that:
1.

The Recommendation be and is hereby ADOPTED;

2.

The defendants’ motion for summary judgment with respect to the claims against

the defendants in their official capacities be and is hereby GRANTED.
3.

The motion for summary judgment with respect to the claims against

Commissioner Allen, Warden Giles, Captain Taylor and Officer Jackson be and is hereby
GRANTED and Commissioner Allen, Warden Giles, Captain Taylor and Officer Jackson be
and are hereby DISMISSED as defendants in this case.
4.

The motion for summary judgment with respect to the plaintiff’s excessive force

claims against Counselor Matthews in his individual capacity be and is hereby DENIED.
Done this the 31 st day of October 2011.
/s/ Truman M. Hobbs
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TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE