CULLER v. DESCOTEAUX

Filing 26

ORDER ADOPTING 25 Report and Recommendations and GRANTING 22 Motion for Summary Judgment. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 9/15/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GABE LOCKETT CULLER,
Plaintiff,
v.
OFFICER DESCOTEAUX,
Defendant.

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CIVIL ACTION NO. 5:13-CV-8 (MTT)

ORDER
Before the Court is Magistrate Judge Stephen Hyles’s Recommendation to grant
the Defendant’s motion for summary judgment. (Doc. 25). After a preliminary review of
the Plaintiff’s complaint, only his excessive force claim against the Defendant was
allowed to proceed. (Docs. 5; 10). The Magistrate Judge recommends granting the
Defendant’s motion for summary judgment as to the claim against the Defendant in his
official capacity because the Plaintiff has not alleged that a policy or custom of the City
of Macon resulted in any constitutional deprivation. As to the claim against the
Defendant in his individual capacity, the Magistrate Judge recommends granting the
motion because the Defendant is entitled to qualified immunity. The Plaintiff has not
objected to the Recommendation.
The Court has reviewed the Recommendation, and 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. Accordingly, the
Defendant’s motion for summary judgment (Doc. 22) is GRANTED.

SO ORDERED, this 15th day of September, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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