Thomas v. Billups et al (INMATE 2)

Filing 18

JUDGMENT, in acordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) The plfs ( 13 at 5) "notification" is treated as both a motion for leave to amend and as an amendment to the complaint a sserting that his being handcuffed and shackled while exercising at Limestone Correctional Facility violates the Eighth Amendment, and said motion is granted; (2) ADOPTING 14 REPORT AND RECOMMENDATION of the Magistrate Judge to the ext that plf 9;s claims related to his time at Kilby Correctional Facility and against defWarden P. Billups are dismissed without prejudice as moot, and that defendant Billups is terminated as a party to this action; (3) plf's motion to dismiss ( 13 at 4) h is remaining claims unrelated to exercising in handcuffs and shackles is granted, and said claims are dismissed without prejudice; (4) by 1/26/2017, plf shall inform the court whether he wishes (1) to pursue his claim that being handcuffed and shackl ed while exercising violates the Eighth Amendment, and (2) whether he wishes to name a new def or defs responsible for the challenged practices at the Limestone Correctional Facility, as further set out in order; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 1/5/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANIEL K. THOMAS,
Plaintiff,
v.
WARDEN P. BILLUPS and
COMMISSIONER JEFFERSON
DUNN,
Defendants.

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CIVIL ACTION NO.
2:15cv375-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The plaintiff’s “notification” (doc. no. 13 at
5) is treated as both a motion for leave to amend and
as an amendment to the complaint asserting that his
being

handcuffed

Limestone

and

Correctional

shackled
Facility

while

exercising

violates

the

at

Eighth

Amendment, and said motion is granted.
(2)

The

United

States

Magistrate

Judge's

recommendation (doc. no. 14) is adopted to the extent

that plaintiff’s claims related to his time at Kilby
Correctional Facility and against defendant Warden P.
Billups are dismissed without prejudice as moot, and
that defendant Billups is terminated as a party to this
action.
(3) Plaintiff’s motion to dismiss (doc. no. 13 at
4)

his

remaining

claims

unrelated

to

exercising

in

handcuffs and shackles is granted, and said claims are
dismissed without prejudice.
(4) By January 26, 2017, plaintiff shall inform the
court whether he wishes (1) to pursue his claim that
being handcuffed and shackled while exercising violates
the Eighth Amendment, and (2) whether he wishes to name
a

new

defendant

challenged
Facility.

or

practices

defendants
at

the

responsible

Limestone

for

the

Correctional

Unless plaintiff both informs the court that

he wishes to pursue the claim by that date and moves to
add an appropriate defendant or defendants, the case
will be dismissed in its entirety without prejudice.

2

This case is not closed.
DONE, this the 5th day of January, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE