Wise et al v. Cronic et al, No. 2:2012cv00291 - Document 85 (N.D. Ga. 2014)
Court Description: ORDER denying without prejudice, Defendants' 37 Motion for Partial Summary Judgment and 38 Motion for Summary Judgment. The 70 Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. Signed by Judge Richard W. Story on 02/14/14. (sk)
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Wise et al v. Cronic et al Doc. 85 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION MAUTIOUS D. WISE, DEVONTA J. WISE and RUSSELL GREEN, Plaintiffs, v. MARK BANDY, in his individual capacity, et al., Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 2:12-CV-0291-RWS ORDER This case is before the Court for consideration of the Report and Recommendation [70] of Magistrate Judge J. Clay Fuller. After reviewing the Report and Recommendation, and Defendants’ Objections [77 and 78] thereto, the Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. The Court would note that it is not convinced that Plaintiff was hampered in responding to the Motions for Summary Judgment due to the lack of discovery. As Judge Fuller noted, many of the alleged facts for which Plaintiff asserts that he has not had time to develop a factual record are matters uniquely within his personal knowledge. However, as AO 72A (Rev.8/82) Dockets.Justia.com Judge Fuller also noted, this does not relieve Defendants from presenting evidence to support their motions. R&R [70] at 18, n.10. Accordingly, Defendants’ Motions for Partial Summary Judgment [37 and 38] are DENIED, WITHOUT PREJUDICE. SO ORDERED, this 14th day of February, 2014. _______________________________ RICHARD W. STORY UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev.8/82)
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