Waddle v. Bentley et al

Filing 8

ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court ADOPTS the magistrate judge's report and ACCEPTS the magistrate judge's recommendation. It is ORD ERED that the plaintiff's Eighth Amendment conditions of confinement claims against defendant Bentley are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1); The plaintiff's Eighth Amendment conditions of confinement claims against defendants Dunn and Headley are REFERRED to the magistrate judge for further proceedings. Signed by Judge William M Acker, Jr on 4/14/16. *Order placed in first class mail to pro se Plaintiff. (SAC )

FILED
2016 Apr-14 PM 02:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

MICHAEL WAYNE WADDLE,

)
)
Plaintiff,
)
)
v.
) Case No. 1:15-cv-01451-WMA-JEO
)
GOVERNOR ROBERT BENTLEY, )
et al.,
)
)
Defendants.
)

ORDER
The magistrate judge filed a report and recommendation on March 23, 2016,
recommending that the plaintiff's Eighth Amendment conditions of confinement
claims against defendant Bentley be dismissed for failure to state a claim upon which
relief may be granted. (Doc. 7). The magistrate judge further recommended that the
plaintiff's Eighth Amendment conditions of confinement claims against defendants
Dunn and Headley be referred to the magistrate judge for further proceedings. (Id.)
The plaintiff has not filed any objections.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, 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 that the
plaintiff's Eighth Amendment conditions of confinement claims against defendant
Bentley are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §
1915A(b)(1). It is further ORDERED that the plaintiff's Eighth Amendment
conditions of confinement claims against defendants Dunn and Headley are
REFERRED to the magistrate judge for further proceedings.
DONE this 14th day of April, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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