Summary
noting that a correctional officer has a duty to intervene in an altercation between a prisoner and a correctional officer or a prisoner and another inmate
Summary of this case from Mack v. TurnerOpinion
Civil Action No. 2:07-00968.
October 30, 2009
MEMORANDUM OPINION AND ORDER
Pending is defendant Cathy Booth's motion to dismiss the second amended complaint or, in the alternative, for summary judgment, filed June 12, 2009.
This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the proposed findings and recommendation entered by the magistrate judge on October 5, 2009. The magistrate judge recommends that defendant Booth's motion be granted. On October 13, 2009, plaintiff objected. The substance of those objections, however, have been addressed within the proposed findings and recommendation. The objections are not meritorious.
The court, accordingly, ORDERS that the proposed findings and recommendation be, and it hereby is, adopted and incorporated herein. It is further ORDERED as follows:
1. That defendant Booth's dispositive motion be, and it hereby is, granted insofar as it seeks summary judgment and denied as moot in all other respects; and
2. That defendant Booth be, and she hereby is, dismissed with prejudice from this action.
The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge.