Thomas v. Williams (INMATE 1)

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATION of the Magistrate Judge and this case is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 1/25/19. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION MICHAEL THOMAS, Plaintiff, v. KYLER WILLIAMS, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 3:16-CV-95-WKW-GMB ORDER On December 13, 2018, the Magistrate Judge filed a Recommendation to which no timely objections were made. (Doc. # 27.) After an independent review of the record and on consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED and that this case is DISMISSED with prejudice.1 A separate Final Judgment will be entered. DONE this 25th day of January, 2019. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 1 Although the Recommendation does not address the fact that Plaintiff initially named a “Deputy John Doe” as a second defendant (Doc. # 1, at 1), Plaintiff did not pursue his claim against any deputies other than Kyler Williams. In fact, Plaintiff maintains that Williams was alone when Williams used his taser on Plaintiff. (See generally Doc. # 24.) Plaintiff thus cannot maintain an excessive force claim against any other deputies. (See Doc. # 4, at 1 n.1.)

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