Minor v. Hardy (INMATE 2)

Filing 9

OPINION. Signed by Honorable Judge Myron H. Thompson on 4/18/2017. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JONATHAN RYAN MINOR,

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Plaintiff,
v.
OFFICER AARON HARDY,
Defendant.

CIVIL ACTION NO.
2:16cv854-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,

filed

corrections

this

officer

lawsuit

Aaron

Hardy

complaining
assaulted

that

him,

in

violation of his Eighth Amendment right to be free from
excessive use of force.
court

on

the

Magistrate

This lawsuit is now before the

recommendation

Judge

that

of

plaintiff’s

the

United

case

be

States

dismissed

without prejudice due to his failure to pay the initial
filing fee.
to

the

prison

Plaintiff filed no objections in response

recommendation.
trust

fund

Instead,

account

he

statements,

filed

only

which

he

his
had

previously filed, and which appear to show that he has

sufficient funds to pay the fee.

Plaintiff offers no

explanation as to why he has not requested that prison
officials forward the required fee from his account to
the court.
review

of

Therefore, after an independent and de novo
the

record,

the

court

concludes

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 18th day of April, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE