Jackson v. State of Alabama Department of Corrections et al (MAG+)

Filing 22

ORDERED and ADJUDGED that the 16 Recommendation of the Magistrate Judge is adopted and that pursuant to 28 USC § 1915(e)(2)(B): 1) Plf's § 1983 claims against dft Alabama Department of Corrections are dismissed. Because this dft is s till a party to at least one other claim, it is not terminated; 2) Plf's Title VII claims against dfts Thomas and Forniss are dismissed. Because these two dfts are still parties to other claims, they are not terminated; 3) Plf's § 1983 First Amendment claim included within Count Three is dismissed without prejudice as redundant to that in Count Two; 4) This action is referred back to the magistrate judge for further proceedings on plf's remaining claims. Signed by Honorable Judge Myron H. Thompson on 4/1/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION SABRINA C. JACKSON, ) ) Plaintiff, ) ) v. ) ) STATE OF ALABAMA DEPARTMENT ) OF CORRECTIONS, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:14cv18-MHT (WO) ORDER On February 19, 2014, the magistrate judge filed a recommendation in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge (Doc. # 16) is adopted and that pursuant to 28 U.S.C. § 1915(e)(2)(B): 1. Plaintiff’s § 1983 claims against defendant Alabama Department of Corrections are dismissed. Because this defendant is still a party to at least one other claim, it is not terminated. 2. dismissed. terminated. Plaintiff’s Title VII claims against defendants Thomas and Forniss are Because these two defendants are still parties to other claims, they are not 3. Plaintiff’s § 1983 First Amendment claim included within Count Three is dismissed without prejudice as redundant to that in Count Two. 4. This action is referred back to the magistrate judge for further proceedings on plaintiff’s remaining claims. Done this the 1st day of April, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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