Jones v. Kilby Correctional Facility et al (INMATE 2)

Filing 12

OPINION AND ORDER as follows: (1) The 9 Recommendation of the United States Magistrate Judge is adopted. (2) Plaintiffs claims against defendants KilbyCorrectional Facility and the Alabama Department of Corrections are dismissed with prejudice, and these defendants are terminated as parties. (3) Plaintiffs claims against defendants Warden Billups, Warden Clay, and inmate Daniel Thomas are dismissed without prejudice, and these defendants are terminated as parties.(3) Plaintiffs complaint shall be construed as naming only correctional officers Young and Hardy as defendants. (4) This case is referred back to the magistrate judge for additional proceedings. Signed by Honorable Judge Myron H. Thompson on 11/6/2014. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

TYRUS JONES, # 287250,

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Plaintiff,
v.
KILBY CORRECTIONAL
FACILITY, et al.,
Defendants.

CIVIL ACTION NO.
2:14cv901-MHT
(WO)

OPINION AND ORDER
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit

asserting

that

prison

officials

protect him from an inmate assault.
now

before

the

court

on

the

failed

to

This lawsuit is

recommendation

of

the

United States Magistrate Judge that several defendants
be

dismissed.

recommendation.
review

of

the

There

are

After

an

record,

no

objections

independent

the

court

and

to

the

de

novo

concludes

that

magistrate judge’s recommendation should be adopted.

Accordingly, it is ORDERED as follows:
(1)

The

recommendation

of

the

United

States

defendants

Kilby

Magistrate Judge (doc. no. 9) is adopted.
(2)

Plaintiff’s

Correctional
Corrections

claims

Facility
are

and

dismissed

against
the
with

Alabama

Department

prejudice,

and

of

these

defendants are terminated as parties.
(3)
Billups,

Plaintiff’s claims against defendants Warden
Warden

Clay,

and

inmate

Daniel

Thomas

are

dismissed without prejudice, and these defendants are
terminated as parties.
(3)

Plaintiff’s complaint shall be construed as

naming only correctional officers Young and Hardy as
defendants.
(4)

This case is referred back to the magistrate

judge for additional proceedings.
DONE, this the 6th day of November, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE