Johnson v. Davenport et al (INMATE 2)
OPINION. Signed by Honorable Judge Myron H. Thompson on 9/11/2015. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WARDEN DAVENPORT, et al.,
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
defendants’ failure to protect him from assaults.
lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that defendant
Easterling Correctional Facility be dismissed from the
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
magistrate judge properly found, a state prison cannot
be sued under § 1983--instead, a plaintiff must proceed
against the allegedly responsible prison officials and
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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