Holmes v. Fink

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS, It is therefore ORDERED, ADJUDGED and DECREED that the plaintiff's claims against Captain Gilmoure, SIS Bounds, SIA Investigating Officer, Nurse Hardy, Warden Putman and Warden Ritman are DISMISSED pursuant to 28 U.S.C. § 1915A(b). It is further ORDERED that the plaintiff's excessive force claim against Officer Fink is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge James H Hancock on 1/27/2014. (JLC)

FILED
2014 Jan-27 PM 01:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
JAMES E. HOLMES,
Plaintiff,
v.

CO FINK, et. al,
Defendants.

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Case No. 1:13-cv-00012-JHH-TMP

ORDER
The magistrate judge filed a report and recommendation on November 21, 2013,
recommending that plaintiff's claims against Captain Gilmoure, SIS Bounds, SIA Investigating
Officer, Nurse Hardy, Warden Putman and Warden Ritman be dismissed for failing to state a claim.
It was further recommended that plaintiff's excessive force claim against Officer Fink be referred to
the undersigned for further proceedings. No objections have been filed by any party1.
Having carefully reviewed and considered de novo all the materials in the court file, the Court
is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and the
magistrate judge's recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED, and
DECREED that the plaintiff’s claims against Captain Gilmoure, SIS Bounds, SIA Investigating
Officer, Nurse Hardy, Warden Putman and Warden Ritman are DISMISSED pursuant to 28 U.S.C.
§ 1915A(b).

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The plaintiff filed a response to the Report and Recommendation, in which he explained
why he believed Nurse Hardy was somewhat at fault, but stated that he respected the decision of
the magistrate judge, and had no objections. (Doc. 13).

It is further ORDERED that the plaintiff's excessive force claim against Officer Fink is
REFERRED to the magistrate judge for further proceedings.

DONE this the

27th

day of January, 2014.

SENIOR UNITED STATES DISTRICT JUDGE

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