Malone v. Roger, et al. (INMATE 1)

Filing 12

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/16/2014. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOHN WILLIE MALONE, JR., #292690, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. MR. ROGER and PATRICK HAMPTON, Defendants. CIVIL ACTION NO. 2:14cv318-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate, filed this lawsuit against the defendant correctional officers alleging that they subjected him to verbal harassment and threats, as well as retaliation for making a complaint about harassment. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed. Also before the court objections to the recommendation. are plaintiff’s After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled and the magistrate judge’s recommendation adopted. The court notes that, in addition to his claim of harassment under the Eighth and Fourteenth Amendments, plaintiff appears to raise a First Amendment retaliation claim, for which he requests removal of a disciplinary citation from his record and transfer to another prison. See Douglas v. Yates, 535 F.3d 1316, 1321 (11th Cir. 2008) (setting forth requirements for a prisoner’s First However, plaintiff as Amendment lacks retaliation evidence claim). sufficient to prove that the citation he received was motivated by retaliation, dismissal is appropriate. An appropriate judgment will be entered. DONE, this the 16th day of October, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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