Taylor v. Miller, et al (INMATE 1)

Filing 58

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/15/14. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JANET CHEREE TAYLOR, Plaintiff, v. LT. W. MILLER and SGT. J. WEEKS, Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv279-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a former state inmate, filed this lawsuit complaining that the defendants, both correctional officers, violated her Eighth Amendment right to be free of cruel and unusual punishment. She alleges that, during a prison shakedown, one of the defendants slapped her across the face and poked her in the forehead, causing her head to bang against the wall, in order to stop her from crying very hard in response to the officers’ confiscation of, and refusal to return, her pictures of her recently deceased father and her copy of his obituary. She also alleges that, when she complained to him, the other defendant was verbally abusive and made racist remarks towards her. This The defendants deny any wrongdoing. lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s prosecute. prison case Plaintiff, since recommendation undeliverable, filing was of magistrate the who returned After record, judge’s dismissed suit filed recommendation. review be no an the has and by for been released whose the failure copy post independent court recommendation of to and concludes should from the office objections be de that to as the novo the adopted. Despite the serious allegations in this case, it is clear that plaintiff has abandoned it. An appropriate judgment will be entered. DONE, this the 15th day of October, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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