Johnson v. Davenport et al (INMATE 2)

Filing 15

OPINION. Signed by Honorable Judge Myron H. Thompson on 9/11/2015. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CALVIN JOHNSON, Plaintiff, v. WARDEN DAVENPORT, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:15cv508-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed this lawsuit challenging the defendants’ failure to protect him from assaults. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendant Easterling Correctional Facility be dismissed from the case. Also before the court are plaintiff’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s magistrate objection judge’s should be recommendation overruled adopted. and the As the magistrate judge properly found, a state prison cannot be sued under § 1983--instead, a plaintiff must proceed against the allegedly responsible prison officials and employees. The court expresses no opinion on plaintiff’s statements in the objection about amending the complaint; those statements are not properly before the court at this time. An appropriate judgment will be entered. DONE, this the 11th day of September, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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