Opinion
5:21-CV-399-CAR-TQL
07-20-2023
MICHAEL L. BOYKIN, Plaintiff, v. Warden TAMARSHAE SMITH, et. al., Defendants.
ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
C. ASHLEY ROYAL, SENIOR JUDGE.
Before the Court is the United States Magistrate Judge's Recommendation [Doc. 33] that the Court grant Defendants' Motions for Summary Judgment [Docs. 29 & 31] because they are entitled to Eleventh Amendment immunity to any official capacity money damages claim; Plaintiff cannot show Defendants' were deliberately indifferent to a serious risk of harm and therefore cannot establish any violations of the Eighth Amendment; and Defendants are entitled to qualified immunity. Plaintiff did not file an objection, and the time in which to do so has expired. Having considered the Recommendation, the Court agrees with the findings and conclusions of the United States Magistrate Judge.
Accordingly, the Recommendation [Doc. 33] is hereby ADOPTED and MADE THE ORDER OF THE COURT. Defendants' Motions for Summary Judgment [Docs. 29 & 31] are GRANTED, and the Clerk is DIRECTED to enter judgment in favor of Defendants.
SO ORDERED.