Jones v. Myers et al

Filing 43

ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS. MOTION for Summary Judgment is granted in part and denied in part as set out. This action is referred to the Magistrate Judge for further proceedings. Signed by Chief Judge Kristi K. DuBose on 03/20/2018. (Copy mailed to Plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DE’ANGELO ARNEZ JONES,
Plaintiff,
vs.
WALTER MYERS, et al.,
Defendants.

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CIVIL ACTION 15-0268-KD-B

ORDER
After due and proper consideration of all portions of this file
deemed relevant to the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate
Judge (doc. 38) made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as
the opinion of this Court.
Accordingly, it is ORDERED that summary judgment is GRANTED in
favor of Defendants Walter Myers, William DeSpain, and Michael
Everette as to the constitutional claims and the state law negligence
claims against them;
It is further ORDERED that summary judgment is GRANTED in favor
of Defendant John Wiley as to the constitutional claim and related
state law negligence claim against him in Claim 1; and
It is further ORDERED that summary judgment is DENIED as to the
constitutional claims and related state law negligence claims against
Defendants John Wiley and Gary Scarbrough in Claims 2 and 3.

This action is referred to the Magistrate Judge for further
proceedings consistent with this Order and the Report and
Recommendation, including an evidentiary hearing and appointment of
counsel if appropriate.
DONE this 20th day of March 2018.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE