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Oliver v. Johnson

United States District Court, S.D. Alabama, Southern Division

September 11, 2014

MICHAEL DARNELL OLIVER, (AIS #: 207467) Plaintiff,
v.
JOHNNY L. JOHNSON, et al., Defendants.

ORDER

KRISTI K. DuBOSE, District Judge.

After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge dated August 19, 2014 and made under 28 U.S.C. ยง 636(b)(1)(B) is hereby ADOPTED as the opinion of this Court.

Accordingly, it is ORDERED that Defendants' motion for summary judgment is GRANTED in part and Plaintiff's claims arising out of the incident occurring on July 10, 2011 and involving Defendants Shelton Forney, L. Bailey, K. Reynolds, R. Armstrong, Johnny L. Johnson, C. Kimbrel, and Thaddeus Betts are DISMISSED, and Plaintiff's claims arising out of the incidents occurring on August 24-25, 2011 and involving Defendants Johnny L. Johnson, C. Kimbrel, J. Broadhead, Earnest Stanton, A. Gipson, C. Daughtry, Russell Johnson, and Carroll are DISMISSED; and DENIED in part and this action will proceed with regard to Plaintiff's excessive force claims arising out of the incident occurring on November 12, 2011 and involving Defendants Kimbrel, Tyus, Andrews, Broadhead, Stanton and Gipson.

DONE and ORDERED.


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