Stinson v. Tyus et al
Filing
66
ORDER ADOPTING 60 REPORT AND RECOMMENDATIONS re: MOTION for Summary Judgment. Signed by Senior Judge Charles R. Butler, Jr on 12/15/2014. copy mailed. (sdb)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
REGINALD
STINSON,
)
AIS
#
B1204652,
)
)
Plaintiff,
)
CIVIL
ACTION
NO.
)
12-‐00270-‐CB-‐B
v.
)
)
KENNETH
TYUS,
et
al.,
)
)
Defendants,
)
ORDER
The
Magistrate
Judge
has
entered
a
Report
and
Recommendation
recommending
that
summary
judgment
be
granted
in
favor
of
the
Defendants
on
Plaintiff’s
Federal
law
claims
and
that
Plaintiff’s
state
law
claims
be
dismissed
without
prejudice
on
jurisdictional
grounds.
(Doc.
60.)
Having
carefully
reviewed
the
Report
and
Recommendation
and
Plaintiff’s
objection
thereto
(Doc.
64)
under
the
standards
set
forth
in
28
U.S.C.
§
636(b)
the
Court
hereby
OVERRULES
Plaintiff’s
substantive
objections1
and
ADOPTS
the
Report
and
Recommendation
as
its
own.
DONE
and
ORDERED
this
the
15th
day
of
December,
2014.
s/Charles
R.
Butler,
Jr.
Senior
United
States
District
Judge
1
In
his
objection,
Plaintiff
points
to
some
minor
factual
errors
in
the
Report
and
Recommendation.
On
page
10,
the
statement
“Officer
Tyus
went
to
Housing
Unit
B.
.
.”
should
read
“Officer
Capps
went
to
Housing
Unit
B…”
On
page
11,
the
time
of
the
medical
assessment
should
be
“2:10
p.m.”
not
“2:10
a.m.”
Also
on
page
11,
Plaintiff
objects
to
the
statement
that
he
“was
escorted
from
the
dorm
to
the
hospital
holding
cell
by
Officer
Tyus.”
According
to
Plaintiff’s
objection,
Defendant
Johnson
escorted
him
to
the
holding
cell.
In
his
response
to
summary
judgment,
Defendant
lists
a
number
of
officer
who
escorted
him
to
the
holding
cell,
including
Tyus,
“Sgt.
Johnson”,
and
CO1
Johnson,
among
others.
(Pl.’s
Rsp.
2,
Doc.
52.)
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