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, )

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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

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