Downes v. Department of Corrections et al (INMATE 1)

Filing 101

ORDER: it is ORDERED as follows: (1) The 99 Recommendation is ADOPTED; (2) To the extent Plf seeks declaratory and injunctive relief for the alleged violations of his constitutional rights, the 96 motion to dismiss filed by dfts Myers, Cargill , and Lawson is DENIED; (3) With respect to Plf's request for monetary damages from Dfts Myers, Cargill, and Lawson, the 96 motion to dismiss is GRANTED; (4) The claims for monetary damages against Dfts Myers, Cargill and Lawson are DISMISSED with prejudice; (5) This action, as to all remaining claims for relief, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 9/25/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES R. DOWNES,
AIS # 281824,
Plaintiff,
v.
CARTER DAVENPORT Warden;
WARDEN CARTER; LT.
WOODS; MRS. BLAKLEY, mail
clerk; JEFFERSON S. DUNN;
WALTER MYERS, Warden, in
his official capacity; CAPT.
CARGILL, in his official capacity;
CAPTAIN LAWSON, in his
official capacity,
Defendants.

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CASE NO. 2:15-CV-437-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 99.)
There being no timely objection to the Recommendation, and based upon a review
of the record, it is ORDERED as follows:
(1)

The Recommendation (Doc. # 99) is ADOPTED;

(2)

To the extent Plaintiff seeks declaratory and injunctive relief for the

alleged violations of his constitutional rights, the motion to dismiss filed by
defendants Myers, Cargill, and Lawson is DENIED;

(3)

With respect to Plaintiff’s request for monetary damages from

Defendants Myers, Cargill, and Lawson, the motion to dismiss is GRANTED;
(4)

The claims for monetary damages against Defendants Myers, Cargill

and Lawson are DISMISSED with prejudice.
(5)

This action, as to all remaining claims for relief, is REFERRED back

to the Magistrate Judge for further proceedings.
DONE this 25th day of September, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE