Carey v. Logan et al (INMATE 2)

Filing 12

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (dmn, )

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

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Plaintiff,
v.
CAPTAIN LOGAN and
COMMISSIONER OF ADOC,
Defendants.

CIVIL ACTION NO.
2:15cv193-MHT
(WO)

OPINION
Pursuant
Carey,

a

defendant:

to

state

42

U.S.C.

prisoner,

Correctional

§

1983,

brings
Officer

plaintiff

suit

Carlos

against

Captain

Logan

two
and

former Acting Commissioner of the Alabama Department of
Corrections Billy Sharp.

Carey complains that he was

assaulted by a group of other prisoners due to the
deliberate indifference of the defendants and that he
was denied medical care after the assault.

This cause

is now before the court on the recommendation of the


Carey does not know the name of the commissioner
whom he contacted and simply referred to him by his
title in the complaint.
The magistrate judge assumed
that the commissioner implicated in Carey’s complaint
was former Acting Commissioner Sharp.

magistrate

judge

that

the

claims

against

Sharp

be

dismissed prior to service of process under 28 U.S.C.
§ 1915(e)(2)(B)(i) & (ii) for failure to state a claim.
There are no objections to the recommendation.

After

an independent and de novo review of the record, the
court is of the opinion that the recommendation should
be

adopted

and

Sharp

dismissed,

albeit

without

prejudice.
An appropriate judgment will be entered.
DONE, this the 27th day of July, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE