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
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