Smith v. Peavy et al

Filing 32

ORDER ADOPTING 31 Report and Recommendations and GRANTING 26 Motion for Summary Judgment. Ordered by Judge Marc Thomas Treadwell on 2/13/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
THOMAS WAYNE SMITH,
Plaintiff,
v.
MIKE BROGDON,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:11-CV-177 (MTT)

ORDER
Before the Court is Magistrate Judge Charles H. Weigle’s Recommendation
(Doc. 31) on the Defendant’s Motion for Summary Judgment (Doc. 26). The Magistrate
Judge recommends granting the Defendant’s Motion because the Plaintiff “has failed to
demonstrate a genuine issue of fact regarding [the] Defendant’s alleged use of
excessive force and because [the] Defendant has shown that he is entitled to judgment
as a matter of law.” (Doc. 31 at 1). Further, the Magistrate Judge states “leaving aside
the question of whether the allegations in [the] Plaintiff’s Complaint amount to a
constitutional violation, [the] Defendant is entitled to qualified immunity because the
facts alleged do not show that [the] Defendant violated a clearly established
constitutional right.” (Doc. 31 at 6). The Plaintiff has not objected to the
Recommendation.
The Court has reviewed the Defendant’s Motion, the Plaintiff’s Response, and
the Magistrate Judge’s Recommendation. The Court accepts and adopts the findings,
conclusions and recommendations of the Magistrate Judge. The Recommendation is

adopted and made the order of this Court, and the Defendant’s Motion for Summary
Judgment is GRANTED.
SO ORDERED, this 13th day of February, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

2