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DENNIS v. STEELE, CV512-048. (2014)

Court: District Court, S.D. Georgia Number: infdco20141029c23 Visitors: 17
Filed: Oct. 28, 2014
Latest Update: Oct. 28, 2014
Summary: ORDER LISA GODBEY WOOD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff asserts that Defendant is not entitled to qualified immunity from suit, as Defendant violated established federal laws. The Magistrate Judge's Report does not address qualified immunity. Rather, the Magistrate Judge determined that Plaintiff could
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ORDER

LISA GODBEY WOOD, District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff asserts that Defendant is not entitled to qualified immunity from suit, as Defendant violated established federal laws. The Magistrate Judge's Report does not address qualified immunity. Rather, the Magistrate Judge determined that Plaintiff could not overcome his burden of establishing a genuine dispute as to any fact material to his Eighth Amendment deliberate indifference claim, even when viewing the evidence before the Court in the light most favorable to Plaintiff, the non-moving party.

Plaintiffs Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendant's Motion for Summary Judgment is GRANTED. Plaintiffs Motion for Summary Judgment is DENIED. Plaintiffs Complaint is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED.

Source:  Leagle

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