Summary
holding that an assault by spitting is not enough to state an Eighth Amendment claim
Summary of this case from Edwards v. Bayside State PrisonOpinion
Civil Action No. 06-514.
September 24, 2008
Re Dkt. [65] ORDER
AND NOW, this 24 day of Sept, 2008, after the Plaintiff, Kenneth McCullough, filed an action in the above-captioned case, and after Defendants filed a Motion for Summary Judgment, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until September 18, 2008 to file written objections thereto, and plaintiff having filed objections to the report and recommendation which are without merit, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Defendants' motion for summary judgment, Dkt. [65], is granted.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.