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, )

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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. ) ) ) ) ) ) ) ) ) ) ) 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

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