Cannon v. Thomas et al
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 5/11/2018. (PSM)
2018 May-11 PM 03:37
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CORY LEMAR CANNON,
WARDEN WILLIE THOMAS, et al.,
Case No. 7:16-cv-01343-LSC-HNJ
The magistrate judge filed a report on April 19, 2018, recommending the
defendants’ motion for summary judgment be granted. (Doc. 25). The plaintiff
filed objections to the report and recommendation on May 3, 2018. (Doc. 26).
The plaintiff argues that the magistrate judge’s report and recommendation
is “without merit and is a swayed decision.” (Doc. 26 at 1). The plaintiff further
argues that to adopt the magistrate judge’s report and recommendation would be “a
grave miscarriage of justice.” (Id.). The plaintiff also contends that he did not
receive a copy of the defendant’s “allege[d]” Special Report. (Id.).
As an initial matter, counsel for the defendants certified that a copy of the
Special Report was mailed to the plaintiff at Bibb Correctional Facility on
November 29, 2017. (Doc. 19 at 12). On December 18, 2017, the undersigned
notified the plaintiff that the defendants had filed a Special Report which the court
would construe as a motion for summary judgment and he would have twenty-one
(21) days to file a response. (Doc. 21). On January 5, 2018, the plaintiff filed a
“Response to Defendants Special Report,” in which he addressed the defendants’
arguments in their Special Report. (Doc. 24). Thus, the plaintiff’s claim that he
did not receive a copy of the Special Report is not well taken.
Next, the plaintiff alleges it would be “unfair” to dismiss his claims and
would violate his right to due process. (Doc. 26 at 1-2). However, the plaintiff
fails to address in his objections the magistrate judge’s conclusion that there exists
no evidence that either Allen or Bryant were subjectively aware that inmate Martin
posed a substantial risk of serious harm to him, or that they were deliberately
indifferent to his safety. Therefore, the plaintiff has failed to state a constitutional
claim for relief against defendants Allen and Bryant. See Farmer v. Brennan, 511
U.S. 825, 837-47 (1994).
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation and the objections thereto, the
magistrate judge’s report is hereby ADOPTED and the recommendation is
ACCEPTED. Accordingly, the court ORDERS that the defendants’ motion for
summary judgment is GRANTED, the court finding no genuine issues of material
DONE and ORDERED on May 11, 2018.
L. Scott Coogler
United States District Judge
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