Golston v. Enfinger, et al. (INMATE1)

Filing 57

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 5/12/2015. (dmn, )

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

ANTHONY GOLSTON,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
MATTHEW ENFINGER, C.O. I,
and KERRY WILLIAMS,
Sergeant,
Defendants.

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

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff Anthony
Golston, a state inmate, filed this lawsuit against two
correctional officers, claiming that defendant Matthew
Enfinger

used

excessive

force

against

him

and

that

defendant Kerry Williams urged Enfinger to beat him and
failed to protect him from Enfinger.
now

before

the

court

on

the

This lawsuit is

recommendation

of

the

United States Magistrate Judge, after an evidentiary
hearing
favor

on

of

Golston

the
the

has

merits,

that

correctional

filed

judgment

officers

objections

to

the

be
on

granted
all

in

claims.

recommendation.

“Whenever any party files a timely and specific
objection to a finding of fact by a magistrate, the
district court has an obligation to conduct a de novo
review

of

issue....

the

record

with

respect

to

that

factual

As the use of the phrase de novo implies,

the district court's consideration of the factual issue
must be independent and based upon the record before
the court....” LoConte v. Dugger, 847 F.2d 745, 750
(11th Cir. 1988) (citation omitted).
The court has conducted an independent and de novo
review of the record, including a transcript of the
proceedings.

Based on this review, the court concludes

that Golston’s objections should be overruled and the
magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 12th day of May, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE