HUNTER v. BARRETT et al

Filing 183

MEMORANDUM ORDER: AND NOW, this 28th day of August, 2024; IT IS HEREBY ORDERED that Defendant Waggoner's motion for summary judgment, ECF No. 123 , is GRANTED and judgment is entered in favor of Defendant Waggoner and against Plaintiff on Plain tiff's Fourteenth Amendment excessive use of force claim, which is the sole remaining claim in this case. The report and recommendation of Chief Magistrate Judge Lanzillo, issued August 8, 2024, ECF No. 182 , is adopted as the opinion of the court. The Clerk is directed to mark this case CLOSED. Signed by Judge Susan Paradise Baxter on 8/28/2024. (snc)

judgment based on, among other things, Plaintiffs failure to exhaust his administrative remedies
[ECF No. 123]. The motion was fully briefed by the parties.
On August 8, 2024, Chief Magistrate Judge Lanzillo issued a Report and
Recommendation ("R&R") recommending that Defendant Waggoner's motion be granted and
that judgment be entered in favor of Defendant Waggoner and against Plaintif f on the sole
remaining claim in this case [ECF No. 182]. Objections to the R&R were due to be filed by
August 26, 2024; however, no timely objections have been received by the Court.
After de nova review of the complaint and documents in this case, together with the
report and recommendation, the following order is entered:
AND NOW, this 28th day of August, 2024;
IT IS HEREBY ORDERED that Defendant Waggoner's motion for summary judgment
[ECF No. 123] is GRANTED and judgment is entered in favor of Defendant Waggoner and
against Plaintiff on Plaintiffs Fourteenth Amendment excessive use of force claim, which is the
sole remaining claim in this case. The report and recommendation of Chief Magistrate Judge
Lanzillo, issued August 8, 2024 [ECF No. 182], is adopted as the opinion of the court.
The Clerk is directed to mark this case CLOSED.

SUSAN PARADISE BAXTER
United States District Judge
cc:

The Honorable Richard A. Lanzillo
Chief U.S. Magistrate Judge
all parties of record