Opinion
CV 322-089
10-18-2023
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES Plaintiffs motion for summary judgment, (doc. no. 40), and DENIES Defendant's motion for summary judgment, (doc. no. 45). The case shall proceed to trial on Plaintiff s Eighth Amendment excessive force claim against Defendant.
Plaintiff filed a response to the Report and Recommendation confirming he has no objections. (See doc. no. 54.)
SO ORDERED.