Malone v. Roger, et al. (INMATE 1)
OPINION. Signed by Honorable Judge Myron H. Thompson on 10/16/2014. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN WILLIE MALONE, JR.,
MR. ROGER and PATRICK
CIVIL ACTION NO.
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
making a complaint about harassment. This lawsuit is
United States Magistrate Judge that plaintiff’s case be
objections to the recommendation.
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,
retaliation claim, for which he requests removal of a
disciplinary citation from his record and transfer to
See Douglas v. Yates, 535 F.3d 1316,
1321 (11th Cir. 2008) (setting forth requirements for a
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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