Summary
noting that where plaintiff initially was non-compliant and continued to be disruptive after being placed in ambulatory restraints, the decision to keep him in the restraints for 26 hours was "a rational, measured response to the risk that he would continue to be disruptive or destructive"
Summary of this case from Goodwyn v. RoopOpinion
CIVIL ACTION NO: 3:13-CV-58
06-19-2014
BERNARD BATTLE, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
(JUDGE GROH)
ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Kaull for submission of a proposed report and a recommendation ("R&R"). Magistrate Judge Kaull filed his R&R on May 21, 2014 [Doc. 62]. In that filing, he recommends that this Court grant the Defendants' Motion to Dismiss or for Summary Judgment [Doc. 32].
Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Objections to Magistrate Judge Kaull's R&R were due within fourteen days of being served with a copy of the same. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The docket reflects that service was accepted on May 27, 2014 [Doc. 64]. Neither party has filed objections to the R&R. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the report and recommendation, it is the opinion of this Court that the magistrate judge's Report and Recommendation should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, the Court hereby GRANTS the Defendants' Motion to Dismiss or for Summary Judgment. Accordingly, this matter is ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment for the Respondent.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record and pro se parties.
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GINA M. GROH
UNITED STATES DISTRICT JUDGE