Himmelberger v. Thornton et al (INMATE 1)

Filing 34

OPINION. The court concludes that the magistrate judge's 32 Recommendation should be adopted. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 9/3/2013. (dmn, )

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

MARK ALAN HIMMELBERGER,
Plaintiff,
v.
WILLIAM J. THORNTON,
Defendant.

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CIVIL ACTION NO.
2:10cv611-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate, filed this lawsuit claiming that defendant acted
with deliberate indifference to plaintiff’s safety during
the arrest by failing to provide plaintiff his cane or
assistance in walking while plaintiff was handcuffed.
This

lawsuit

is

now

before

the

court

on

the

recommendation of the United States Magistrate Judge that
defendant's
granted.

motion

for

summary

judgment

should

be

There are no objections to the recommendation.

After an independent and de novo review of the record,

the

court

concludes

that

the

magistrate

judge’s

recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 3rd day of September, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE