Summary
holding that an officer who threw a four-ounce cup of urine on an inmate which caused no physical injury "was not so grievous as to rise to the level of an Eighth Amendment violation"
Summary of this case from Hogan v. FischerOpinion
Case No. 06-10466.
August 16, 2006
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Magistrate Judge Virginia M. Morgan's Report and Recommendation dated July 7, 2006. No objections were filed thereto.
This Court has had an opportunity to fully review this matter and believes that the Magistrate Judge has reached the correct conclusions for the proper reasons.
ACCORDINGLY:
IT IS HEREBY ORDERED that Magistrate Judge Virginia M. Morgan's Report and Recommendation dated July 7, 2006, is hereby accepted and adopted.
IT IS FURTHER ORDERED that defendant's motion to dismiss is granted.
IT IS FURTHER ORDERED that plaintiff's complaint is dismissed with prejudice.