Opinion
Case No. 2:16-cv-01367-VEH-SGC
06-19-2018
KAMILES CREWS-BEY, Plaintiff, v. LIEUTENANT D. JOHNSON, et al., Defendants.
MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on May 7, 2018, recommending the defendants' motion for summary judgment be granted in part and denied in part. (Doc. 53). Specifically, the report recommended: (1) summary judgment be denied on the individual capacity claim against Correctional Officer Rodney Smith for failure to protect; and (2) summary judgment be granted as to all other claims. (Id.). Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the defendants' motion for summary judgment is DENIED on the individual capacity claim against Correctional Officer Rodney Smith for failure to protect. Finding no genuine issue of material fact and that the defendants are entitled to judgment as a matter of law as to the other claims, the court FURTHER ORDERS that the defendants' motion for summary judgment is GRANTED in all other respects.
The Clerk of Court is DIRECTED to TERM documents 52 and 53. The Clerk is FURTHER DIRECTED to provide a copy of this memorandum opinion and order to the plaintiff.
DONE and ORDERED this 19th day of June, 2018.
/s/_________
VIRGINIA EMERSON HOPKINS
United States District Judge