Johnson v. Davenport et al (INMATE 2)

Filing 15

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

CALVIN JOHNSON,
Plaintiff,
v.
WARDEN DAVENPORT, et al.,
Defendants.

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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