Opinion
1:22CV287
03-08-2024
MARTIN RUSSELL DIAMOND, Plaintiff, v. ODEDERE, el al., Defendant.
ORDER
Loretta C, Biggs, United States District Judge.
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) on January 22, 2024, and was served on the parties in this action. (ECF Nos. 39, 40). Plaintiff filed Objections to the Magistrate Judge's Recommendation on January 30, 2024. (ECF No. 45.)
The Court has reviewed Plaintiffs Objections and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the instant Motion, (ECF No. 29), is GRANTED IN PART and DENIED IN PART as follows:
The Court GRANTS summary judgment for Defendant Parker on the lone (excessive force) claim against him and for Defendant Euote on Plaintiffs claim for failure to intervene during Defendant's use of force.
The Court DENIES summary judgment for Defendants Euote and Crisco on the other claims against them.
A judgment dismissing this action will be entered contemporaneously with this Order.