Opinion
CIVIL ACTION NO. 5:18-cv-00423-TES-CHW
04-15-2020
MARIO RANDLE CARTER, JR, Plaintiff, v. BUTTS COUNTY JAIL, et al., Defendants.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
In his Recommendation [Doc. 52], the United States Magistrate Judge recommends that the Court grants two motions for summary judgment, one filed by Sheriff Gary Long, Captain Vette Weaver, and Captain Hanson, [Doc. 38], and one filed by Melinda Burdette, LPN, and Southern Correctional Medicine [Doc. 42].
No objections have been filed to the magistrate judge's Recommendation; therefore, the Court reviews his findings for clear error. 28 U.S.C. § 636(b)(1)(A).
After careful review, the Court, finding no clear error, ADOPTS the Recommendation [Doc. 52] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court GRANTS Defendants' respective motions for summary judgment, [Doc. 38] [Doc. 42] and the Clerk is DIRECTED to enter judgment in favor of Defendants as to all claims except the due process claim against Weaver and Burdette concerning the May 29, 2018, medical segregation. The Court DISMISSES the due process claim against Weaver and Burdette without prejudice for failure to exhaust all available administrative remedies.
Plaintiff's only remaining claim is the excessive force claim brought against Deputy Brad Young, who was reinstated as a defendant in this action on March 18, 2020. See [Doc. 52, pp. 1—2]. --------
SO ORDERED, this 15th day of April, 2020.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT