Summary
finding an open-handed slap to be "considered a de minimis use of force, especially in light of" the lack of any lasting injury
Summary of this case from Phelan v. ThomasOpinion
05-CV-182A.
March 31, 2008
ORDER
The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On January 23, 2008, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant Raczkowski's motion for summary judgment be granted.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
Plaintiff sent a letter to the Court dated March 25, 2008, in which he advised he had no objections and asked the Court to dismiss the action.
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, defendant Raczowski's motion for summary judgment is granted.
SO ORDERED.