Marquez v. Price et al

Filing 37

ORDER-re: R&R 36 . The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. The court therefore ORDERS Dft Gaines's motion for summary judgment 32 is DENIED. The remaining claim against Dft Gaines is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 2/26/2016. (AVC)

FILED
2016 Feb-26 PM 02:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JULIO C. MARQUEZ,
AIS #229709
Plaintiff,
v.
WARDEN PRICE, et al.,
Defendants.

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Case No. 2:13-cv-01714-RDP-JEO

ORDER
The Magistrate Judge filed a Report and Recommendation on January 29, 2016,
recommending that Defendant Raymond L. Gaines’s motion for summary judgment (Doc. 32),
on the sole remaining claim in this case (excessive force) be denied.1 Although the parties were
notified of their right to file objections within fourteen (14) days of the entry date of the Report
and Recommendation, the court has not received objections from either of the parties.
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 therefore ORDERS Defendant Gaines’s motion for
summary judgment (Doc. 32) is DENIED.
The remaining claim against Defendant Gaines is REFERRED to the Magistrate Judge
for further proceedings.

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All other defendants were dismissed by court order of August 27, 2015. (Doc. 22).

DONE and ORDERED this February 26, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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