Carey v. Tunstall et al

Filing 28

MEMORANDUM OPINION AND ORDER - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court hereby ADOPTS the magistrate judge's report and ACCEPTS the recommendation. A ccordingly, the court ORDERS that the defendants motion for summary judgment 24 is GRANTED as to the plaintiff's claims against defendants Wheat, Fassl, and Tytell, the court finding no genuine issues of material fact exist. The court further ORDERS that the defendants' motion for summary judgment is DENIED as to the plaintiff's claim for excessive force against defendant Tunstall, and this remaining claim is REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 7/15/2021. (MEB2)

FILED
2021 Jul-15 PM 01:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEMETRIUS CAREY,
Plaintiff,
v.
CORBIN TUNSTALL, et al.,
Defendants.

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Case No. 2:19-cv-01636-LSC-SGC

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report and recommendation on June 10, 2021,
recommending the defendants’ special report be treated as a motion for summary
judgment and further recommending that the motion be granted on all claims against
all defendants, except the plaintiff’s claim for excessive force against defendant
Tunstall. (Doc. 27 at 20-21). Although the parties were advised of their right to
file specific written objections within 14 days, that time has expired with 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 court hereby ADOPTS the
magistrate judge’s report and ACCEPTS the recommendation. Accordingly, the
court ORDERS that the defendants’ motion for summary judgment (Doc. 24) is
GRANTED as to the plaintiff’s claims against defendants Wheat, Fassl, and Tytell,

the court finding no genuine issues of material fact exist.

The court further

ORDERS that the defendants’ motion for summary judgment is DENIED as to the
plaintiff’s claim for excessive force against defendant Tunstall, and this remaining
claim is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED on July 15, 2021.

_____________________________
L. Scott Coogler
United States District Judge
160704

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