Filing 79

ORDER ADOPTING 75 Report and Recommendations and GRANTING 69 Defendants Carlos Bernard Felton, Octavia Crawford, and Rodney Sutton's Motion for Summary Judgment. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/5/2017. (tlh)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION DERRICK JOHN RAYMOND DANIELS, Plaintiff, v. Lieutenant FELTON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:14-CV-442 (MTT) ORDER Before the Court is the Recommendation of U.S. Magistrate Judge Thomas Q. Langstaff (Doc. 75). The Magistrate Judge recommends that the Court grant Defendants Carlos Bernard Felton, Octavia Crawford, and Rodney Sutton’s Motion for Summary Judgment (Doc. 69). Doc. 75 at 11. The Plaintiff has objected to the Recommendation. See generally Doc. 76. The Court has performed a de novo review of the portions of the Recommendation to which the Plaintiff objects and adopts the findings, conclusions, and recommendations of the Magistrate Judge and finds that Defendants Felton, Crawford, and Sutton are entitled to judgment as a matter of law.1 Accordingly, the Defendants’ Motion for Summary Judgment (Doc. 69) is GRANTED. 1 In his response to the motion for summary judgment, the Plaintiff seeks to “dismiss . . . without prejudice” his claims against Defendant Felton stating that he cannot “allege actual, factual controversy of Defendant Felton response to the altercation . . . .” Doc. 73-1 at 4. In a finding which the Court now adopts, the Magistrate Judge interpreted this as an admission that the Plaintiff’s claim could not survive summary judgment and found that Felton was entitled to judgment as a matter of law. Doc. 75 at 4-5. Moreover, as the Magistrate Judge points out, if the Plaintiff were allowed to “dismiss” his claims, it would effectively be with prejudice because the two-year statute of limitations has passed. SO ORDERED, this 5th day of June, 2017. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?