HALL v. COOL, et al
ORDER adopting 24 Report and Recommendations and denying 18 Motion for Summary Judgment; rejecting 30 Report and Recommendations and denying 26 Motion to Dismiss for Lack of Prosecution. Ordered by Judge C. Ashley Royal on 9/24/12 (lap) ***
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
RICARDO ALEXANDER HALL,
Civil Action No. 3:11‐cv‐99(CAR)
42 U.S.C. § 1983
ORDER ON UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATIONS
Before the Court are two Recommendations from the United States Magistrate
Judge: a Recommendation [Doc. 24] to deny Defendant’s Motion for Summary
Judgment and a subsequent Recommendation [Doc. 30] to grant Defendant’s Motion to
Dismiss this case for Plaintiff’s failure to prosecute. Having considered the objections
and investigated each matter de novo, this Court agrees with the findings and
conclusions of the United States Magistrate Judge that genuine issues of material fact
exist as to Plaintiff’s excessive force claim. Thus, the Recommendation [Doc. 24] to deny
Defendant’s Motion for Summary Judgment is HEREBY ADOPTED AND MADE THE
ORDER OF THE COURT. However, because Plaintiff has recently updated his
address with this Court, the Court finds dismissal of this action for failure to prosecute
to be inappropriate. 1 Thus, the Court DECLINES TO ADOPT the Recommendation
[Doc. 30] to dismiss this action.
Despite Defendant’s arguments to the contrary, this Court agrees with the
Magistrate Judge that there are genuine issues of material fact regarding Plaintiff’s
excessive force claim. For the reasons thoroughly set forth by the Magistrate Judge in
the Recommendation, the evidence is sufficient to support a finding that Defendant
acted sadistically and maliciously to cause Plaintiff harm.
For the foregoing reasons, the Recommendation [Doc. 24] to deny
Defendant’s Motion for Summary Judgment is HEREBY ADOPTED AND
MADE THE ORDER OF THE COURT, and the Recommendation [Doc. 30] to
dismiss this action is hereby REJECTED. Thus, Defendant’s Motions for
Summary Judgment [Doc. 18] and Motion to Dismiss [Doc. 26] are hereby
SO ORDERED, this 24th day of September, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
The Court notes that at the time the Magistrate Judge issued his Recommendation, Plaintiff had failed to
keep this Court informed of his current address. Plaintiff did not update his address until after the
Magistrate Judge submitted his Recommendation to dismiss for failure to prosecute.
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