Melvin v. Brigham et al

Filing 18

ORDER-re: R&R 15 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 all calims in this action, except the excessive force claim against Officer Brigham, are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that the excessive force claim against Officer Brigham is REFERRED to the magistrate judge for further proceedings. Signed by Judge Robert B Propst on 8/23/2012. (AVC)

FILED
2012 Aug-23 AM 08:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JIMMY RAY MELVIN,
Plaintiff
vs.
OFFICER ELI BRIGHAM, et al.,
Defendants

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Case No. 2:11-cv-03600-RBP-HGD

ORDER
The magistrate judge filed a report and recommendation on June 14, 2012,
recommending that all claims in this action, except the excessive force claim against
Officer Brigham, be dismissed without prejudice for failing to state a claim upon
which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). (Doc. 15). It was
further recommended that the remaining excessive force claim against Officer
Brigham be referred to the magistrate judge for further proceedings. Although the
plaintiff was advised of his right to file specific written objections within fourteen
days, he has not directly responded to the report and recommendation.
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
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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 all claims
in this action, except the excessive force claim against Officer Brigham, are
DISMISSED WITHOUT PREJUDICE for failing to state a claim upon which relief
can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). It is further ORDERED that
the excessive force claim against Officer Brigham is REFERRED to the magistrate
judge for further proceedings.
DONE this 23rd day of August, 2012.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE

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