Oden v. Kilgore et al

Filing 17

ORDER The court ADOPTS the magistrate judge's report and ACCEPTS his recommendation. The court DISMISSES the plaintiff's claims WITHOUT PREJUDICE, pursuant to 28 U.S.C. 1915A(b)(1), EXCEPT for the following claims: (1) the plaintiff's Fourteenth Amendment conditions of confinement claims against defendants Kilgore, Flowers, Smith, Brown, and Murphree; (2) the plaintiff's Fourteenth Amendment equal protection claims against defendants Kilgore and Flowers; (3) the plaintiff&# 039;s First Amendment claim against defendant Liner concerning interference with his personal incoming mail; and (4) the plaintiff's supervisory claims against defendants Kilgore, Flowers, and Brown concerning defendant Liner's interference with his personal incoming mail. The court further REFERS the plaintiff's remaining claims to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 4/26/18. (SAC ) *R&R placed in first class mail to pro se Plaintiff.

FILED
2018 Apr-26 PM 03:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

DAMON ODEN,

)
)
Plaintiff,
)
)
v.
) Case No. 1:17-cv-00891-KOB-HNJ
)
SHERIFF JIMMY KILGORE, et al., )
)
Defendants.
)

ORDER
The magistrate judge entered a report on February 9, 2018, recommending
that the plaintiff=s claims be dismissed pursuant to 28 U.S.C. ' 1915A(b)(1) for
failing to state a claim upon which relief can be granted, except for the following
claims: (1) the plaintiff=s Fourteenth Amendment conditions of confinement claims
against defendants Kilgore, Flowers, Smith, Brown, and Murphree; (2) the
plaintiff=s Fourteenth Amendment equal protection claims against defendants
Kilgore and Flowers; (3) the plaintiff=s First Amendment claim against defendant
Liner concerning interference with his personal incoming mail; and (4) the plaintiff=s
supervisory claims against defendants Kilgore, Flowers, and Brown concerning
defendant Liner=s interference with his personal incoming mail. (Doc. 16). The
magistrate judge recommended that the remaining claims be referred to him for

further proceedings. (Id.). Although the magistrate judge advised the plaintiff of
his right to file specific written objections within fourteen days, the court received
no objections.
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 his recommendation.

The court

DISMISSES the plaintiff=s claims WITHOUT PREJUDICE, pursuant to 28 U.S.C. '
1915A(b)(1), EXCEPT for the following claims: (1) the plaintiff=s Fourteenth
Amendment conditions of confinement claims against defendants Kilgore, Flowers,
Smith, Brown, and Murphree; (2) the plaintiff=s Fourteenth Amendment equal
protection claims against defendants Kilgore and Flowers; (3) the plaintiff=s First
Amendment claim against defendant Liner concerning interference with his
personal incoming mail; and (4) the plaintiff=s supervisory claims against defendants
Kilgore, Flowers, and Brown concerning defendant Liner=s interference with his
personal incoming mail.
The court further REFERS the plaintiff’s remaining claims to the magistrate
judge for further proceedings.

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DONE and ORDERED this 26th day of April, 2018.

__________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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