Aldred v. Green et al

Filing 49

ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all of the plaintiff's claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b) except: the Fourteenth Amendment claims as stated within. The court further ORDERS that the surviving claims be referred to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 4/6/2017. (PSM)

FILED
2017 Apr-06 PM 03:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DAVID KYLE ALDRED,
Plaintiff,
v.
SHERIFF DENNIS GREEN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 1:15-cv-02196-LSC-SGC

ORDER
The magistrate judge entered a report on March 1, 2017, recommending all
claims in this action be dismissed without prejudice pursuant to 28 U.S.C. §
1915A(b) for failing to state a claim upon which relief can be granted, except the
Fourteenth Amendment claims against Defendants Green and Kilgore in their
individual capacity and certain claims against the Cleburne County Jail’s female
LPN. (Doc. 48). The magistrate judge further recommended the surviving claims
be referred back to the magistrate judge for further proceedings. (Id. at 27).
Although the magistrate judge advised the plaintiff of his right to file
specific written objections within fourteen (14) days, no objections have been
received by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report

is hereby ADOPTED and the recommendation is ACCEPTED.

The court

ORDERS that all of the plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915A(b) except: the Fourteenth
Amendment claims against Green and Kilgore, in their individual capacity, and the
Cleburne County Jail’s female LPN concerning the denial of medical and mental
health care for the plaintiff’s ruptured disc, schizophrenia, delusions and bi-polar
disorder between September 2015 and March 2016. The court further ORDERS
that the surviving claims be referred to the magistrate judge for further
proceedings.
DONE and ORDERED on April 6, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

2