Summary
relying on the Use of Force Committee's report to conclude that the force utilized by the defendant corrections officer was necessary and justified where the Plaintiff had failed to offer evidence to contradict the report
Summary of this case from Smith v. Ohio Rehab. & Corr.Opinion
Case No. 2:05-cv-911.
April 20, 2006
ORDER
Plaintiff Derek Scott Stiggers brings this action under 28 U.S.C. § 1983 alleging that defendant Stroud assaulted him at the Southern Ohio Correctional Facility ("SOCF") as he was getting on a bus to be transported to another prison. Defendant Harold Carter was the warden at SOCF from September 27, 1999 until December 31, 2001. Defendant Reginald Wilkinson is the director of Ohio Department of Rehabilitation and Correction ("ODRC").
This matter is before the Court on the Magistrate Judge's March 6, 2006 Report and Recommendation recommending that defendants Stroud, Carter and Wilkinson's December 1, 2005 unopposed motion for summary judgment (doc. 9) be granted. On January 6, 2006, the Magistrate Judge issued an Order instructing plaintiff Derek Scott Stiggers to respond to defendants' motion for summary judgment, but Mr. Stiggers failed to file a response.
Upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation and GRANTS defendants Stroud, Carter and Wilkinson's December 1, 2005 unopposed motion for summary judgment (doc. 9). The Clerk of Court is DIRECTED to enter JUDGMENT for defendants. This action is hereby DISMISSED.