Price v. Giles et al (INMATE2)

Filing 58

OPINION. Signed by Honorable Judge Myron H. Thompson on 6/9/2015. (kh, )

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

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
SGT. C. SMITH,
Defendant.

CIVIL ACTION NO.
2:12cv567-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff Timothy
Price,

a

defendant

state

inmate,

Sgt.

C.

filed

Smith,

a

this

lawsuit

correctional

against
officer,

alleging that Smith used excessive force against him
when he hit without provocation.

This lawsuit is now

before the court on the recommendation of the United
States Magistrate Judge, after an evidentiary hearing
on the merits, that judgment should be entered in favor
of

Smith.

recommendation.

There
After

are
an

no

objections

independent

and

to

the

de

novo

review

of

the

record,

the

court

concludes

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 9th day of June, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE