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, )
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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