Mosley v. Dominic et al (INMATE 1)

Filing 50

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiff's 48 Objections are overruled. (2) The United States Magistrate Judge's 47 Recommendation is adopted. (3) Defendants' 23 Motion for Summar y Judgment is denied with respect to the claims against defendants Dominic Jones (referred to in the original complaint as "Jones Dominic"), Larry Peavy, Christopher Scott, Timmy Adkinson, Kelvin Teal, and Marvin Scaife for use of excessive force and failure to protect. (4) Defendants 23 Motion for summary judgment is granted with respect to the claims for monetary damages against all defendants in their official capacities. (5) Defendants 23 Motion for summary judgment is granted with respect to all claims against defendants Nathaniel Lawson, Shawn Logan, Larry Anglin, Derrick Carter, Sherry Lightner, Brian Mitchell, Bobby Lingo, and the Central Review Board, with plaintiff taking nothing by his complaint against these defend ants and these defendants terminated as parties to this case. It is further ORDERED that no costs are taxed. The clerk of court is DIRECTED to correct the docket to reflect that the correct name of the defendant listed as Jones Dominic is Dominic Jones.This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/28/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FREDRICK BERNARD MOSLEY,
Plaintiff,
v.
DOMINIC JONES, et al.,
Defendants.

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CIVIL ACTION NO.
2:13cv450-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered this
date, it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The

plaintiff’s

objections

(doc.

no.

48)

are

overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 47) is adopted.
(3) Defendants’ motion for summary judgment (doc. no.
23) is denied with respect to the claims against defendants
Dominic Jones (referred to in the original complaint as
“Jones

Dominic”),

Adkinson,

Kelvin

Larry

Peavy,

Teal,

and

Christopher

Marvin

excessive force and failure to protect.

Scaife

Scott,
for

Timmy

use

of

(4) Defendants’ motion for summary judgment (doc. no.
23) is granted with respect to the claims for monetary
damages

against

all

defendants

in

their

official

capacities.
(5) Defendants’ motion for summary judgment (doc. no.
23)

is

granted

defendants
Derrick

with

Nathaniel

Carter,

respect

Lawson,

Sherry

to

Shawn

Lightner,

all

claims

Logan,
Brian

Larry

against
Anglin,

Mitchell,

Bobby

Lingo, and the Central Review Board, with plaintiff taking
nothing by his complaint against these defendants and these
defendants terminated as parties to this case.
It is further ORDERED that no costs are taxed.
The clerk of court is DIRECTED to correct the docket
to reflect that the correct name of the defendant listed as
“Jones Dominic” is “Dominic Jones.”
This case is not closed, and is referred back to the
magistrate judge for further proceedings.
DONE, this the 28th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE