Gladys v. Davenport et al

Filing 31

ORDER ADOPTING 27 REPORT AND RECOMMENDATION. Summary judgment is GRANTED in part with respect to Plf's retaliation claim, & said claim is DISMSISSED with prejudice. Summary judgment is DENIED in part as to Plf's excessive force claim, & an evidentiary hearing is to be scheduled to address said claim. This matter is referred to the Mag. Judge to conduct the evidentiary hearing. Signed by Senior Judge Callie V. S. Granade on 2/23/18. (copy mailed to Plf on 2/23/18) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MAURICE GLADYS,
Plaintiff,
vs.
VINCENT NORMAN,
Defendant.

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CIVIL ACTION 16-0275-CG-N

ORDER
After due and proper consideration of all portions of this file deemed
relevant to the issues raised, and a de novo determination of those portions of
the Recommendation to which objection is made, the Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the
opinion of this Court.

It is ORDERED that summary judgment is

GRANTED in part with respect to Plaintiff’s retaliation claim, and said claim
is hereby DISMISSED with prejudice.

It is further ORDERED that

summary judgment is DENIED in part as to Plaintiff’s excessive force claim,
and that an evidentiary hearing be scheduled to address said claim.
This matter is referred to the Magistrate Judge to conduct the
evidentiary hearing on the excessive force claim.
DONE and ORDERED this 23rd day of February, 2018.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE