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)

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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

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