Vieux v. Federal Bureau Of Prisons et al

Filing 16

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATION pursuant to 28:1915A(b)(1) and/or (2), the Court DISMISSES all of Mr. Vieux's claims against Federal Bureau of Prisons, Director Harley Lappin, SERO Ray Holt, SERO C.M., Warden J. Rathman, Healt h Service Administrator B. Alley, Assistant Health Administrator L. Tanner, Dental Hygienist S. Jackson, and Records Clerk T. Rutledge; Court refers Mr. Vieux's claim against Dr. Burrell and Clinical Director Holbrook to the magistrate judge now assigned to this action for further proceedings. Signed by Judge William M Acker, Jr on 7/21/14. (ASL)

FILED
2014 Jul-21 PM 03:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
RICHARD VIEUX,
Plaintiff,
v.

FEDERAL BUREAU OF PRISONS,
et al.,

}
}
}
}
}
}
}
}

Case No.: 1:12-cv-00017-MHH-JHE

}

De&ndanb.

}

ORDER
On September 13, 2013, then magistrate judge Madeline H. Haikala filed a
report and recommendation, recommending that all of plaintiff Richard Vieux's 42
U.S.C § 1983 claims be dismissed pursuant to 28 U.S.C. § 1915A(b)(l) and/or (2),
except for Mr. Vieux's failure to provide adequate dental care against defendants
Chief Dental Officer Dr. S. Burrell and Clinical Director M. Holbrook in their
individual capacities. (See Doc. 12).

Mr. Vieux filed an objection to the report

and recommendation. (Doc. 13).
Having carefully reviewed and considered de nova all the materials in the
court file, including the report and recommendation and Mr. Vieux's objection, the
Court is of the opinion that the report is due to be and is hereby ADOPTED and
the recommendation is ACCEPTED.

Accordingly, pursuant to 28 U.S.C. § 1915A(b)(l) and/or (2), the Court
DISMISSES all of Mr. Vieux's claims against the Federal Bureau of Prisons,

Director Harley Lappin, SERO Ray Holt, SERO C.M., Warden J. Rathman, Health
Service Administrator B. Alley, Assistant Health Administrator L. Tanner, Dental
Hygienist S. Jackson, and Records Clerk T. Rutledge.
The Court refers Ms. Vieux's claim against Dr. Burrell and Clinical Director
Holbrook to the magistrate judge now assigned to this action for further
proceedings.
DONE and ORDERED this 21st day of July, 2014.

~~&

WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

2