Barney v. Gillespie

*1539ORDER

SAM, District Judge.

The above entitled matter was referred to the magistrate judge under 28 U.S.C. § 636(b)(1)(B). The magistrate judge made a report and recommendation (“R & R”) that defendant Mark Whittaker’s motion for summary judgment on plaintiffs’ 42 U.S.C. § 1983 claim be granted. Regarding the liability of defendant Jay S. Averett on the § 1983 claim, the magistrate judge found genuine issues of material fact in dispute and recommended Averett’s motion for summary judgment on' this claim be denied.

In addition, the R & R found that plaintiffs have no claim for relief against…