Gladys v. Alabama D.O.C. et al

Filing 35

ORDER-The magistrate judge filed a R&R, recommending that dfts' motion for summary judgment be granted as to pltf's Eighth Amendment excessive force claim against Dft Johnson and that the claim be dismissed 32 . The court is of the opinio n that the magistrate judge's report is due to be and is hereby ADOPTED and the magistrate judge's recommendation is ACCEPTED. Dfts' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to pltf&# 039;s Eighth Amendment excessive force claim against Dft Johnson and the claim is DISMISSED WITH PREJUDICE. The motion is DENIED as to pltf's Eighth Amendment excessive force claim against Dft Pickens. Dft Pickents is hereby ORDERED to file an answer within twenty (20) days of the entry of this order. Signed by Judge Robert B Propst on 8/13/2012. (AVC)

FILED
2012 Aug-13 AM 08:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

MAURICE GLADYS,
Plaintiff,
vs.
ALABAMA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants.

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) Case No. 2:10-cv-02694-RBP-PWG
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ORDER
The magistrate judge filed a report and recommendation on July 11, 2012,
recommending that defendants' motion for summary judgment be granted as to
plaintiff's Eighth Amendment excessive force claim against Defendant Johnson and
that the claim be dismissed. (Doc. 32.) It was further recommended that defendants'
motion for summary judgment be denied as to plaintiff's Eighth Amendment
excessive force claim against Defendant Pickens. The parties were allowed fifteen
(15) days in which to file written objections to the magistrate judge’s recommendations. No objections have been filed by any party.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the Court is of the opinion that the

magistrate judge's report is due to be and is hereby ADOPTED and the magistrate
judge's recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there
are no genuine issues of material fact with regard to plaintiff's claim of excessive
force against Defendant Johnson and that Johnson is entitled to judgment as a matter
of law. Defendants' motion for summary judgment is therefore due to be and the
same is hereby GRANTED IN PART and DENIED IN PART as follows:

The

motion is GRANTED as to plaintiff’s Eighth Amendment excessive force claim
against Defendant Johnson and the claim is DISMISSED WITH PREJUDICE. The
motion is DENIED as to plaintiff’s Eighth Amendment excessive force claim against
Defendant Pickens.
Defendant Pickens is hereby ORDERED to file an answer within twenty (20)
days of the entry date of this order.
DONE and ORDERED this the 13th day of August, 2012.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE

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