Filed: Apr. 25, 2017
Latest Update: Apr. 25, 2017
Summary: MEMORANDUM OPINION AND ORDER KARON OWEN BOWDRE , Chief District Judge . The magistrate judge entered a report on February 13, 2017, recommending the defendants' special reports be treated as motions for summary judgment and further recommending the motions be (1) granted in part as to all claims against Fishback, Burke, McQueen, Hamilton, Lukima, Storey, and Humphrey and that these claims be dismissed with prejudice; and (2) denied in part as to the Eighth Amendment excessive force claims a
Summary: MEMORANDUM OPINION AND ORDER KARON OWEN BOWDRE , Chief District Judge . The magistrate judge entered a report on February 13, 2017, recommending the defendants' special reports be treated as motions for summary judgment and further recommending the motions be (1) granted in part as to all claims against Fishback, Burke, McQueen, Hamilton, Lukima, Storey, and Humphrey and that these claims be dismissed with prejudice; and (2) denied in part as to the Eighth Amendment excessive force claims ag..
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MEMORANDUM OPINION AND ORDER
KARON OWEN BOWDRE, Chief District Judge.
The magistrate judge entered a report on February 13, 2017, recommending the defendants' special reports be treated as motions for summary judgment and further recommending the motions be (1) granted in part as to all claims against Fishback, Burke, McQueen, Hamilton, Lukima, Storey, and Humphrey and that these claims be dismissed with prejudice; and (2) denied in part as to the Eighth Amendment excessive force claims against defendants Burns and Carter and the First Amendment retaliation claim against defendant Carter. (Doc. 55). Although the court advised the parties of their right to file specific written objections within fourteen days and granted the plaintiff additional time to file objections, no party has filed any objections.1
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report ADOPTS the magistrate judge's report and ACCEPTS her recommendation. Accordingly, the court ORDERS that the defendants' motions for summary judgment be GRANTED IN PART and DENIED IN PART.
Specifically, the motions are DENIED as to (1) the Eighth Amendment excessive force claims against defendants Burns and Carter; and (2) the First Amendment retaliation claim against defendant Carter.
Regarding all other claims asserted by the plaintiff, the court finds that no genuine issues of material fact exist and the defendants are entitled to summary judgment as a matter of law. Therefore, the court GRANTS the motions in all other respects and ENTERS SUMMARY JUDGMENT in favor of the defendants and against the plaintiff on all other claims asserted by the plaintiff.
The court DISMISSES defendants Fishback, Burke, McQueen, Hamilton, Lukima, Storey, and Humphrey as party-defendants in this action.
The court REFERS this matter to the magistrate judge for further proceedings against the remaining defendants Burns and Carter on the remaining claims.
DONE and ORDERED.
