Ezell v. Hooker et al
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|Date Filed||#||Document Text|
|December 8, 2010
RULING Adopting 20 Report and Recommendations of the U.S. Magistrate Judge. Accordingly, plaintiff's claims asserted against defendants Katy Ard and Cadet Franklin are hereby dismissed for failure of plaintiff to serve these defendants within 120 days as mandated by FRCP Rule 4(m). The 19 motion for partial summary judgment by defendants, Joseph Hooker and Gabriel Hebert is granted, dismissing plaintiff's claim asserted against those defendants in their official capacities and dis missing all of plaintiff's remaining claims except his claim that defendants Joseph Hooker and Gabriel Hebert subjected him to excessive force on 11/6/2008. Because plaintiff has failed to come forward with competent evidence to refute defendan ts' assertions relative to the alleged use of force, summary judgment is hereby granted, sua sponte, in favor of defendants Joseph Hooker and Gabriel Hebert on the issue of excessive force, and this action shall be dismissed, with prejudice. Signed by Chief Judge Ralph E. Tyson on 12/8/2010. (JDL)
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