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Case 6:12-cv-00048-BAE-JEG Document 24 Filed 07/31/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

STATESBORO DIVISION (cid:9)

1

L..
Cz

MICHAEL LORENZO BROWN,

Plaintiff,

V.

CIVIL ACTION NO.: V612-048

Officer THOMAS RODMAN,

Defendant.

ORDER

After an independent and de novo review of the entire record, the undersigned

concurs with the Magistrate Judge's Report and Recommendation, to which Objections

have been filed. Defendant filed a Response. In his Objections, Plaintiff contends that

Defendant did see his hand in the tray flap. However, this contention is different than

what Plaintiff already stated during his deposition. (Doc. No. 14-7, p. 32) ("No, he can't

see my hand because it's inside the box."). Additionally, as the Magistrate Judge noted,

even if Plaintiff informed Defendant that he was not removing his hand from the slider,

there is no evidence that Defendant tied the laundry net bag to anything other the box

and slider or knew that Plaintiff would be injured as a result of his actions. (Doc. No. 19,

p. 5). Plaintiff fails to present evidence creating a genuine dispute as to a fact material

to his excessive use of force claim. Plaintiff's assertion that this incident would not have

occurred if Defendant had followed proper procedures is wholly without merit.

A72A
(Rv. 8/82)

(cid:9)
Case 6:12-cv-00048-BAE-JEG Document 24 Filed 07/31/13 Page 2 of 2

Plaintiff's Objections are overruled. The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Defendant's Motion for

Summary Judgment is GRANTED. Plaintiff's Complaint is DISMISSED. The Clerk of

Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED, this (cid:9)

O day of (cid:9)

'2013.

6/

B. AVI(MT'EDENFlELD,JUDGE
UNITED STATES DISffiICT COURT
SOUTHERN DISTRICT OF GEORGIA

AU 72A
(RØv. 8/82)