Hammonds v. Jones et al (INMATE 2)

Filing 46

ORDER as follows: (1) Plaintiff's 35 Objection is OVERRULED; (2) The 29 Recommendation is ADOPTED; (3) Plaintiffs claims regarding placement in the restricted privileges dorm, violations of the First Amendment, denial of access to courts, an d failure to investigate complaints are DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i) and/or (ii); (4) Plaintiffs 25 Motion for a preliminary injunction is DENIED; and (5) Plaintiffs Eighth Amendment claim regarding conditions of confinement in the restricted privileges dorm is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 10/6/2015. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MIKEL HAMMONDS, # 177646,
Plaintiff,
v.
WARDEN KARLA JONES,
WARDEN DERRICK CARTER,
WARDEN KENNETH
SCONYERS, CAPTAIN
BRYANT, KIM TOBIAS
THOMAS, LT. PEAVY, SGT.
JONES, and SGT. TEAL, in their
individual and official capacities,
Defendants.

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CASE NO. 2:15-CV-6-WKW
[WO]

ORDER
On August 12, 2015, the Magistrate Judge filed a Recommendation (Doc.
# 29) to which Plaintiff filed an objection (Doc. # 35). The court has conducted an
independent and de novo review of those portions of the Recommendation to
which objection is made, see 28 U.S.C. § 636(b), and finds that Plaintiff makes
essentially the same arguments the Magistrate Judge considered and rejected.
Accordingly, it is ORDERED as follows:
(1)

Plaintiff’s objection (Doc. # 35) is OVERRULED;

(2)

The Recommendation (Doc. # 29) is ADOPTED;

(3)

Plaintiff’s claims regarding placement in the restricted privileges

dorm, violations of the First Amendment, denial of access to courts, and failure to
investigate complaints are DISMISSED with prejudice prior to service of process
under 28 U.S.C. § 1915(e)(2)(B)(i) and/or (ii);
(4)

Plaintiff’s motion for a preliminary injunction (Doc. # 25) is

DENIED; and
(5)

Plaintiff’s Eighth Amendment claim regarding conditions of

confinement in the restricted privileges dorm is REFERRED back to the
Magistrate Judge for further proceedings.
DONE this 6th day of October, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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