Vincent v. Dunn et al

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATION recommending that summary judgment be granted in favor of Dfts Culliver, Stewart, Raybon, Mitchell, Kidd, Scarborough, Vignolo, Wall & Langford, & that Plfs's action against these Dfts be DISMISSE D w/prejudice as set out. It is further recommended that Vincent's claims of excessive force, failure to protect, & assault & battery against CERT Team Dfts McQuirter, Fountain, Bullard, Smith, J. Pryor, J. Staniford, S. Terry, D. Whitley, D. D ennis, J. Griffin, B. Walker, Duren, W. Streeter, Arthur, J. Baldwin, Lewis, Fleeton, Harrison, Robinson, Snelson, Brown, Edmund, Parker, J. Wilson, Knight & Mixon should proceed as set out. Signed by Senior Judge Callie V. S. Granade on 09/26/2019. (srd) Copy to Plaintiff.

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SANTANGELO VINCENT, Plaintiff, vs. JEFFERSON DUNN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION 17-0110-CG-B 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. Accordingly, the motion for summary judgment is GRANTED in favor of Defendants Grantt Culliver, Warden Cynthia Stewart, Warden Terry Raybon, Warden Mitchell, Lieutenant Ashley Kidd, Officer Gary Scarborough, Officer Timothy Vignolo, Nurse Ashley Wall, and Nurse Jonathan Langford, and the claims against them are DISMISSED with prejudice. Plaintiff’s claims of excessive force, failure to protect, and assault and battery against CERT Team Defendants McQuirter, Fountain, Bullard, Smith J. Pryor, J. Staniford, S. Terry, D. Whitley, D. Dennis, J. Griffin, B. Walker, Duren, W. Streeter, Arthur, J. Baldwin, Lewis, Fleeton, Harrison, Robinson, Snelson, Brown, Edmond, Parker, J. Wilson, Knight, and Mixon will proceed. DONE and ORDERED this 26th day of September, 2019. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE 2

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