Withers v. Hearns et al (INMATE 1)

Filing 44

OPINION. Signed by Honorable Judge Myron H. Thompson on March 30, 2015. (scn, )

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

)
)
Plaintiff,
)
)
v.
)
)
OFFICER KYLE HEARNS,
)
OFFICER CHRISTOPHER MOORE, )
AND OFFICER GALEN MATHIS, )
)
Defendants.
)

CIVIL ACTION NO.
2:12cv214-MHT
(WO)

OPINION
Pursuant

to

42

U.S.C.

§

1983,

plaintiff

Robert

Withers, a state inmate, filed this lawsuit charging
defendant-officers Kyle Hearns, Christopher Moore, and
Galen Mathis with the use of excessive force.

This

lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that, after an
evidentiary

hearing,

judgment

should

be

entered

in

favor of Hearns, Moore, and Mathis and against Withers.
There are no objections to the recommendation.
an

independent

and

de

novo

review

of

the

After
record,

including listening to the tapes of the evidentiary
hearing
concludes

before
that

the
the

magistrate

magistrate

judge,

judge’s

the

court

recommendation

should be adopted.
An appropriate judgment will be entered.
DONE, this the 30th day of March, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE