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KENNETH WINSTON ASHFORD v. SHERIFF SHAWN BRADY and DEPUTY SHERIFF LEAS

December 1, 2010

KENNETH WINSTON ASHFORD,
PLAINTIFF
v.
SHERIFF SHAWN BRADY AND DEPUTY SHERIFF LEAS, DEFENDANTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 1st day of December, 2010, upon consideration of the report of

United States Magistrate Judge J. Andrew Smyser (Doc. 30), recommending that the

motion for summary judgment filed by Defendants Sheriff Shawn Brady and Deputy

Sheriff Leas (Doc. 24) be denied, and, following an independent review of the record and

noting that defendants Brady and Leas filed objections*fn1 to the report on October 13, 2010 (Doc. 31), and the court finding Judge Smyser's analysis to be thorough and well reasoned, and the court finding defendants' objections to be without merit and squarely addressed by Judge Smyser's report (Doc. 30), it is hereby ORDERED that:

1. The report of Magistrate Judge Smyser (Doc. 30) is ADOPTED in its entirety.

2. The motion for summary judgment (Doc. 24) filed by Defendants Sheriff Shawn Brady and Deputy Sheriff Leas is DENIED.

3. The above-captioned case is REMANDED to Magistrate Judge Smyser for further proceedings.

S/ Christopher C. ...


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