Opinion
Case No. 4:14cv478-MW/CAS
05-10-2017
JIMMY SCOTT, JR., Plaintiff, v. CAPTAIN MCCAMMON, Defendant.
ORDER ACCEPTING AND ADOPTING SECOND REPORT AND RECOMMENDATION
This Court has considered the Magistrate's Second Report and Recommendation, ECF No. 109, filed April 24, 2017. This Court has also reviewed de novo Defendant McCammon's Objections to the Report and Recommendation, ECF No. 110, filed May 8, 2017. This Court agrees with the Magistrate's report and recommendation. But this was a very close call, and this Court recognizes that this issue may be the subject of a Rule 50 motion.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 109, is ACCEPTED and ADOPTED, over the objections, as this Court's opinion. Defendant's second motion for summary judgment is DENIED. The Courtroom Deputy shall notice this matter for trial.
SO ORDERED on May 10, 2017.
s/ Mark E. Walker
United States District Judge