Opinion
CIVIL ACTION 10-00555-WS-N
03-01-2012
PHILLIP SPENCER, (AIS #232063) Plaintiff, v. ANTHONY WILLIAMS, et al., Defendants.
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court, as follows:
1) The motion for summary judgment of Defendant John Long is GRANTED as to all claims asserted against him by Plaintiff in the Complaint;
2) The motion for summary judgment of Defendants Russell Johnson and Anthony Williams is DENIED as to Plaintiff's Eighth Amendment excessive force claims asserted against them in the Complaint.
In addition, Plaintiff's motion for summary judgment is DENIED in its entirety.
WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE