Opinion
Case No. 1:16-cv-503
02-28-2019
DAMON JOHNSON, Plaintiff, v. MICHAEL DILLOW, Defendant.
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 58) and TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on January 4, 2019, submitted a Report and Recommendation recommending granting Defendant's motion for summary judgment and denying Plaintiff's motion for summary judgment. (Doc. 58). Plaintiff filed an objection ("Objection") (Doc. 60).
Plaintiff's Objection is not well-taken. The Objection's conclusory, unsupported assertions that Defendant's witnesses are lying is not sufficient to rebut the Magistrate Judge's correct conclusion that Plaintiff did not present sufficient evidence to create an issue of fact as to (1) whether Defendant's use of force was reasonable under the circumstances, (2) whether Defendant denied him proper medical treatment, or (3) whether he suffered a deprivation of a clearly established statutory or constitutional right. --------
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly:
1. The Report and Recommendation (Doc. 58) is ADOPTED;
2. Plaintiff's Objection (Doc. 60) is OVERRULED;
3. Defendant's motion for summary judgment (Doc. 46) is GRANTED;
4. Plaintiff's motion for summary judgment (Doc. 50) is DENIED;
5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 2/28/19
s/ Timothy S . Black
Timothy S. Black
United States District Judge