Ricks v. Aaron et al

Filing 65

MEMORANDUM OPINION AND ORDER; the Magistrate Judge's 64 REPORT AND RECOMMENDATION is adopted and accepted; it is ordered that defendants 37 MOTION for Summary Judgment is granted as more fully set out in order; it is further ordered tha t defendants Michael Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L. Johnson, John Arthur, Patricia McGrue, Cathy Ford and Corizon, LLC are dismissed with prejudice from this action; the remaining excessive force/failure to interv ene claims and corresponding state assault and battery claims against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones are referred to the magistrate judge for further proceedings. Signed by Judge C Lynwood Smith, Jr on 10/17/16. (SPT )

FILED
2016 Oct-17 PM 03:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEMONSIA RICKS,
Plaintiff,
vs.
SAMUEL AARON, et al.,
Defendants.

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Case No. 2:15-cv-0070-CLS-JEO

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report on September 20, 2016, recommending that
the motions for summary judgment on behalf of defendants be GRANTED, except
as to the excessive force/failure to intervene claims, and corresponding state assault
and battery claims, against defendants Samuel Aaron, Rickey Cunningham, Thaddeus
Smith, and Cameron Jones. It was further recommended that defendants Michael
Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L. Johnson, John
Arthur, Patricia McGrue, Cathy Ford, and Corizon, LLC be dismissed with prejudice
from this action, and that the excessive force/failure to intervene claims, and
corresponding state assault and battery claims, against defendants Samuel Aaron,
Rickey Cunningham, Thaddeus Smith, and Cameron Jones be referred to the
magistrate judge for further proceedings. Although the parties were advised of their
right to file specific written objections within fourteen days, no objections have been

received by the court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is hereby
ADOPTED, and his recommendation is ACCEPTED.

Accordingly, it is

ORDERED that defendants’ motions for summary judgment1 are GRANTED,
except as to the excessive force/failure to intervene claims, and corresponding state
assault and battery claims, against defendants Samuel Aaron, Rickey Cunningham,
Thaddeus Smith, and Cameron Jones. It is further ORDERED that defendants
Michael Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L.
Johnson, John Arthur, Patricia McGrue, Cathy Ford, and Corizon, LLC are
DISMISSED WITH PREJUDICE from this action. The remaining excessive
force/failure to intervene claims, and corresponding state assault and battery claims,
against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and
Cameron Jones are REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED this 17th day of October, 2016.

______________________________
United States District Judge

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Doc. nos. 37 and 54.
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