Summary
denying summary judgment to corrections officer accused of using his PR 24 on arm of inmate who refused to remove his arm from food hatch, even though only pain and mild redness without swelling noted on Plaintiff's arm
Summary of this case from Spencer v. ODRC Dir. Ernie MooreOpinion
Case Number: 1:05cv798.
August 20, 2008
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on May 29, 2008 (Doc. 37), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired August 11, 2008, hereby ADOPTS said Report and Recommendation.
Accordingly, Defendant Armstrong's motion for summary judgement is GRANTED and Defendant Bianco's motion for summary judgment is DENIED.
IT IS SO ORDERED.