Filing 77

ORDER ADOPTING 75 Report and Recommendations and GRANTING 61 Motion for Summary Judgment. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 1/30/2015. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ERIC O’BRIEN JOHNSON, Plaintiff, v. Warden MCLAUGHLIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:13-CV-293 (MTT) ORDER Before the Court is the Report and Recommendation of United States Magistrate Judge Stephen Hyles. (Doc. 75). The Magistrate Judge recommends granting the Defendants’ motion for summary judgment (Doc. 61) because the Plaintiff failed to show that there is a genuine issue of material fact with regard to whether an Eighth Amendment violation occurred. The Plaintiff did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Court accepts the findings, conclusions, and recommendations of the Magistrate Judge. Thus, the Recommendation is ADOPTED and made the Order of this Court. Accordingly, the Defendants’ motion for summary judgment is GRANTED.1 SO ORDERED, this 30th day of January, 2015. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT                                                                  1  The Court adopts the Magistrate Judge’s recommendation that the claims against Defendant Freeman, who was never properly served, be dismissed.

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