Golston v. Enfinger, et al. (INMATE1)

Filing 45

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 44 Recommendation of the Magistrate Judge, to which no objection has been filed, is adopted. (2) The defendants' 14 Motion for Summary Judgment is granted in pa rt and denied in part. (3) Summary judgment is granted as to (a) plaintiff Anthony Golstons request for monetary damages from the defendants in their official capacities on all claims; and as to (b) all plaintiff Golstons claims against the defendant s except for his excessive-force and failure-to-protect claims against defendants Matthew Enfinger and Kerry Williams. (4) Summary judgment is denied in all remaining respects as to plaintiff Golston's excessive-force and failure-to-protect clai ms against defendants Enfingerand Williams. (5) All defendants except Enfinger and Williams are terminated as parties. (6) This case is referred back to the magistrate judge for an evidentiary hearing on the surviving aspects of this case. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgmentpursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 2/23/2015. (dmn, )

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

ANTHONY GOLSTON,
Plaintiff,
v.
GARY HETZEL, Warden III,
et al.,
Defendants.

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CIVIL ACTION NO.
2:11cv946-MHT
(WO)

JUDGMENT
After

an

independent

and

de

novo

review

of

the

record, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

recommendation

of

the

magistrate

judge

(doc. no. 44), to which no objection has been filed, is
adopted.
(2) The

defendants’

motion

for

summary

judgment

(doc. no. 14) is granted in part and denied in part.
(3) Summary judgment is granted as to (a) plaintiff
Anthony Golston’s request for monetary damages from the
defendants in their official capacities on all claims;
and as to (b) all plaintiff Golston’s claims against

the

defendants

except

failure-to-protect

for

claims

his

excessive-force

against

defendants

and

Matthew

Enfinger and Kerry Williams.
(4) Summary

judgment

is

denied

in

all

remaining

respects as to plaintiff Golston's excessive-force and
failure-to-protect

claims

against

defendants

Enfinger

and Williams.
(5) All defendants except Enfinger and Williams are
terminated as parties.
(6) This case is referred back to the magistrate
judge

for

an

evidentiary

hearing

on

the

surviving

aspects of this case.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is not closed.
DONE, this the 23rd day of February, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil