Taylor v. Miller, et al (INMATE 1)

Filing 58

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

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.

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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