Rutland v. Harris (MAG+)

Filing 41

ORDER directing that, upon review of the Magistrate's 39 Recommendation and Mr. Rutland's 40 objections, it is ORDERED as follows: (1) Mr. Rutland's objections (Doc. # 40 ) are OVERRULED; (2) The Recommendation (Doc. # 39 ) is AD OPTED; (3) Defendant Ike Harris's motion to dismiss (Doc. # 35 ) is GRANTED; (4) Mr. Rutland's claims against Defendant Ike Harris are DISMISSED with prejudice; (5) Any outstanding motions are DENIED as moot. Signed by Chief Judge William Keith Watkins on 6/17/14. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CLARENCE J. RUTLAND, ) ) ) ) ) ) ) ) ) Plaintiff, v. IKE HARRIS, Defendant. CASE NO. 2:13-CV-470-WKW ORDER On May 27, 2014, the Magistrate Judge filed a Recommendation in this case. (Doc. # 39.) On June 9, 2014, Plaintiff Clarence Rutland filed a document “[p]ursuant to Rule 60(b),” which the court construes as containing objections to the Recommendation. (Doc. # 40.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objections have been made. See 28 U.S.C. § 636(b)(1). It is acknowledged that Mr. Rutland’s objections purport to introduce “newly discovered” allegations that he has suffered asbestos-related injuries while an inmate at Kilby Correctional Facility. (Doc. # 40, at 4.) Such a claim is not presently before the court. If Mr. Rutland wishes to raise a new claim against an appropriate defendant, he must do so by filing a new civil action. Upon review of the Magistrate’s Recommendation and Mr. Rutland’s objections, it is ORDERED as follows: 1. Mr. Rutland’s objections (Doc. # 40) are OVERRULED; 2. The Recommendation (Doc. # 39) is ADOPTED; 3. Defendant Ike Harris’s motion to dismiss (Doc. # 35) is GRANTED; 4. Mr. Rutland’s claims against Defendant Ike Harris are DISMISSED with prejudice; 5. Any outstanding motions are DENIED as moot. A separate final judgment will be entered. DONE this 17th day of June, 2014. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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