Smuda v. Stewart et al

Filing 40

ORDER ADOPTING 39 Report and Recommendations.; granting 30 Motion for Summary Judgment by Judge Daniel L. Hovland.(MM) Distributed on 7/18/2016. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Richard Allen Smuda,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:14-cv-142
Darin Ray Stewart (C.O), et.al.,
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Defendants.
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______________________________________________________________________________
The Plaintiff is an inmate at the North Dakota State Penitentiary (“NDSP”). He initiated this
civil rights action against the Defendants on November 7, 2014. See Docket No. 6. The Plaintiff
alleges the Defendants used excessive force against him while handcuffing him during an altercation
at the NDSP. The Defendants filed a motion for summary judgment on August 20, 2015. See
Docket No. 30. The Plaintiff filed a response in opposition to the motion on August 27, 2015. See
Docket No. 32. The Defendants filed a reply on August 28, 2015. See Docket No. 33. The motion
was referred to Magistrate Judge Charles S. Miller, Jr. for a Report and Recommendation.
On June 29, 2016, Judge Miller issued his Report and Recommendation wherein he
recommended granting the motion for summary judgment based on a finding of qualified immunity.
See Docket No. 39. The parties were given fourteen (14) days to file objections to the Report and
Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, the relevant case law,
and the entire record, and finds the Report and Recommendation to be persuasive. The Defendants
are clearly entitled to qualified immunity. Accordingly, the Court ADOPTS the Report and
Recommendation (Docket No. 39) in its entirety. The Defendants’ motion for summary judgment

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(Docket No. 30) is GRANTED. Let judgment be entered accordingly.
IT IS SO ORDERED.
Dated this 18th day of July, 2016.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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