Opinion
Civil Action No.1:03cv656LG-JMR.
August 7, 2006
ORDER ADOPTING REPORT AND RECOMMENDATIONS
This cause comes before the Court on the Report and Recommendation of Chief United States Magistrate Judge John M. Roper [38-1] entered in this cause on June 20, 2006, wherein the Court recommended that the Defendants' Motion for Summary Judgment be granted pursuant to FED. R. CIV. P. 56. In that Plaintiff neither filed a response to the Defendants' Motion nor objections to the Report and Recommendations, on July 11, 2006, the undersigned entered a show cause order directing Plaintiff to file a response to the Report and Recommendations. To date, Plaintiff has failed to respond. Based on the pleadings and the record, the Court finds that the Magistrate Judge properly recommended that Defendants' Motion for Summary Judgment be granted.
DISCUSSION
The report and recommendations discuss the various claims raised by Oliver as against each of the Defendants named. Oliver alleges that he was threatened, assaulted and beaten by the three named Defendants. Specifically, Oliver's complaint avers that Defendant Geas assaulted him with a ring of keys and verbally threatened him. Oliver further contends that Defendant Rogers slapped him and slammed his head through a window during a transport. Finally, Oliver claims that Defendant Francabandera twisted his handcuffs until existing wrist wounds were caused to open and then refused Oliver medical treatment and care. The Defendants have denied these allegations and have attached authenticated affidavits in support of their respective positions. Plaintiff has failed to produce any evidence in support of his complaint.
The undersigned finds that the based upon the record before the Court, the Magistrate correctly recommended granting summary judgment in favor of these Defendants, both in their individual and official capacities on all claims. First, with regard to the official capacity claims against the named Defendants, Plaintiff has failed to offer any evidence tending to establish that these Defendants had subjective knowledge of a substantial risk of harm or that they responded with deliberate indifference to that risk. Hare v. City of Corinth, 74 F.3d 633, 649 (5th Cir. 1996); Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 1977, 128 L.Ed.2d 811 (1994). In addition, with regard to Plaintiffs' claims against the named Defendants in their individual capacities, the record reflects that pursuant to FED. R. CIV. P. 36, Defendants' Requests for Admission were deemed admitted and Plaintiff has not offered any evidence in rebuttal.
Said Requests definitively address whether Plaintiff has any evidence, documentary or otherwise to support the allegations made against the three named Defendants.
After referral of hearing by this Court, and the Court, having fully reviewed the Proposed Findings of Fact and Recommendations, as well as the record in this matter, and being duly advised in the premises, finds that Plaintiff has failed to offer any evidence to support the claims alleged in his complaint. Accordingly,
IT IS, ORDERED AND ADJUDGED that the Proposed Findings of Fact and Recommendation of Chief Magistrate Judge John M. Roper entered on or about June 20, 2006, [38-1] be, and the same hereby is, adopted as the finding of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the above captioned cause should be and is hereby dismissed. A final judgment shall issue.
SO ORDERED AND ADJUDGED.