Harrison v. Thomas et al (INMATE 2)

Filing 16

ORDER that the 13 Recommendation of the Magistrate Judge is ADOPTED. It is ORDERED as follows: (1) Plaintiffs action against Defendants Kim Tobia Thomas, Gwendolyn Mosely, Joseph Womble, Capt. Adair, Lt. Jackson, Curtis Young, and CEO Kim is DISMI SSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i & ii); (2) Defendants Thomas, Mosely, Womble, Adair, Jackson, Young, and Kim are DISMISSED as parties to the Complaint; (3) Plaintiffs § 1983 conspiracy claim against all named Defendants is DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(i); (4) Plaintiffs § 1983 claim of verbal abuse and/or threats against Sgt. Lovelace is DISMISSED with prejudice prior to service o f process under 28 U.S.C. § 1915(i); and (5) This action with respect to Plaintiffs remaining claims against Defendants Lovelace and Lawrence Estes regarding discrimination and falsifying the disciplinary report is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 9/9/2014. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
STACY HARRISON, #221 426,
Plaintiff,
v.
COMMISSIONER KIM
THOMAS, et al.,
Defendants.

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CASE NO. 3:14-CV-586-WKW
[WO]

ORDER
On August 13, 2014, the Magistrate Judge filed a Recommendation in this
case to which no timely objections have been filed.

(Doc. # 13.)

Upon an

independent review of the file in this case and upon consideration of the
Recommendation, it is ORDERED that the Recommendation is ADOPTED.
Accordingly, it is ORDERED as follows:
(1)

Plaintiff’s action against Defendants Kim Tobia Thomas, Gwendolyn

Mosely, Joseph Womble, Capt. Adair, Lt. Jackson, Curtis Young, and CEO Kim is
DISMISSED with prejudice prior to service of process under 28 U.S.C.
§ 1915(e)(2)(B)(i & ii);
(2)

Defendants Thomas, Mosely, Womble, Adair, Jackson, Young, and

Kim are DISMISSED as parties to the Complaint;

(3)

Plaintiff’s § 1983 conspiracy claim against all named Defendants is

DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(i);
(4)

Plaintiff’s § 1983 claim of verbal abuse and/or threats against Sgt.

Lovelace is DISMISSED with prejudice prior to service of process under 28
U.S.C. § 1915(i); and
(5)

This action with respect to Plaintiff’s remaining claims against

Defendants Lovelace and Lawrence Estes regarding discrimination and falsifying
the disciplinary report is REFERRED back to the Magistrate Judge for further
proceedings.
DONE this 9th day of September, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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