Summary
finding that grabbing an inmate's genitals and buttocks was not sufficient to violate the Eighth Amendment
Summary of this case from Major v. TooleOpinion
7:12-CV-3652-VEH-JHE
07-10-2014
RAYDREKOUS SATCHER, Plaintiff, v. WILLIE THOMAS, et al, Defendants.
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on June 20, 2014, recommending that Defendants' motion for summary judgment as to Plaintiff's Eighth Amendment sexual assault claim be granted and the action be dismissed with prejudice. No objections to the report and recommendation were filed by the parties.
On July 2, 2014, Plaintiff filed a motion to dismiss this case, which this Court construes as a motion for voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff does not declare whether he desires a dismissal with or without prejudice. (Doc. 19). Defendants have filed a motion for summary judgment and no "stipulation of dismissal signed by all parties who have appeared in this case has been filed." See Rule 41(a)(1)(A)(ii), Fed. R. Civ. P. Under these circumstances, Plaintiff's case cannot be dismissed on his motion without a court order. However, Rule 41(a)(2), Fed. R. Civ. P. allows this Court to grant Plaintiff's motion "on terms the court deems proper."
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS Plaintiff's motion to dismiss and Defendants' motion for summary judgment as to Plaintiff's Eighth Amendment excessive force claim are due to be GRANTED. Further, Plaintiff's claim is DISMISSED WITH PREJUDICE. A Final Judgment will be entered.
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VIRGINIA EMERSON HOPKINS
United States District Judge