United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE.
pro se prisoner action is before the Court on the motion for
summary judgment of Timothy Morris. Doc. #39.
about September 21, 2015, Frederick Ragin filed a complaint
in this Court against Earnest Lee, Andrew Mills, Timothy
Morris, and Marshall Fisher. Doc. #1. In his complaint, Ragin
alleges that he “was shot [a]nd assaulted by [a] state
trooper ... located at Unit 29-C-Bldg-A-Zone at about 3:00
am.” Id. at 3.
February 1, 2016, following a Spears hearing, United
States Magistrate Judge Jane M. Virden issued a Report and
Recommendation recommending dismissal of all claims in this
action except a failure to protect claim asserted against
Morris. Doc. #15 at 4. This Court adopted the Report and
Recommendation on May 17, 2016. Doc. #25.
September 12, 2016, Morris filed a motion for summary
judgment on the sole remaining claim. Doc. #39. Ragin did not
respond to the motion.
Rule 56 of the Federal Rules of Civil Procedure,
“[s]ummary judgment is proper only when the record
demonstrates that no genuine issue of material fact exists
and the movant is entitled to judgment as a matter of
law.” Luv N' Care Ltd. v. Groupo Rimar,
844 F.3d 442, 447 (5th Cir. 2016). “A factual issue is
genuine if the evidence is sufficient for a reasonable jury
to return a verdict for the non-moving party and material if
its resolution could affect the outcome of the action.”
Burton v. Freescale Semiconductor, Inc., 798 F.3d
222, 226 (5th Cir. 2015) (internal quotation marks omitted).
On a motion for summary judgment, a court must
“consider the evidence in the light most favorable to
the nonmoving party and draw all reasonable inferences in its
favor.” Edwards v. Cont'l Cas. Co., 841
F.3d 360, 363 (5th Cir. 2016).
seeking summary judgment, “[t]he moving party bears the
initial responsibility of informing the district court of the
basis for its motion, and identifying those portions of the
record which it believes demonstrate the absence of a genuine
issue of material fact.” Nola Spice Designs,
L.L.C. v. Haydel Enters., Inc., 783 F.3d 527, 536
(5th Cir. 2015) (internal quotation marks and alterations
omitted). If the moving party satisfies this burden,
“the non-moving party must go beyond the pleadings and
by her own affidavits, or by the depositions, answers to
interrogatories, and admissions on file, designate specific
facts showing that there is a genuine issue for trial.”
Id. (internal quotation marks omitted). “Where
the nonmoving party bears the burden of proof at trial, the
moving party satisfies this initial burden by demonstrating
an absence of evidence to support the nonmoving party's
case.” Celtic Marine Corp. v. James C. Justice
Cos., Inc., 760 F.3d 477, 481 (5th Cir. 2014).
relevant times, Ragin was an inmate in the custody of the
Mississippi Department of Corrections (“MDOC”)
housed in Unit 29-C at the Mississippi State Penitentiary in
Parchman, Mississippi. Unit 29-C has an “open
barracks” layout with two zones. Each of the two zones
in the unit consists of one large ...