Lloyd v. Alabama Department of Corrections et al (INMATE 2)

Filing 22

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/8/2019. (kh, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ROBERT S. LLOYD, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ALABAMA DEPT. OF CORRECTIONS, et al., Defendants. CIVIL ACTION NO. 2:19cv411-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate, filed this defendants failing lawsuit asserting that violated to his Eighth protect him from the correctional Amendment assault rights and that by the defendant inmate violated his Eighth Amendment rights by assaulting him--resulting in the loss of plaintiff’s eye. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s defendant Alabama defendant inmate before the court constitutional claims Department Corrections be dismissed are of with plaintiff’s against and prejudice. objections the the Also to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled recommendation adopted, and the with the magistrate judge’s following caveats. The court’s dismissal will not be pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) for two reasons. First, § 1915(e)(2) authorizes dismissal of only “the case,” not a claim, and here the court is not dismissing the entire case. Second, § 1915(e)(2)(B)(i) authorizes the dismissal of a case only plaintiff’s when case it is is “frivolous neither. In or malicious”; addition, the dismissal of plaintiff’s Eighth Amendment claim against the inmate defendant will be without prejudice, so that plaintiff may, if he wishes, sue the inmate defendant under state law. An appropriate judgment will be entered. DONE, this the 8th day of October, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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