Withers v. Hearns et al (INMATE 1)

Filing 44

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

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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

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