Wright v. Dudchock et al

Filing 16

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATION that pla's Fourteenth Amendment claims against dfts Shelby County, Shelby County Commission, and Shelby County Manager Alex Dudchock are DISMISSED pursuant to 28:1915A(b); further ORDERED that p la's Fourteenth Amendment claims against dfts Curry and Fondren are REFERRED to the magistrate judge for further proceedings; pla's amended complaint against dfts Curry and Fondren is also REFERRED to the magistrate judge for consideration. Signed by Judge Inge P Johnson on 1/8/13. (ASL)

FILED
2013 Jan-08 PM 01:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

HERMAN LEE WRIGHT, JR.,
Plaintiff,
vs.
ALEX DUDCHOCK, et al.,
Defendants.

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ORDER

The magistrate judge filed a report and recommendation on December 10,
2012, recommending that plaintiff's Fourteenth Amendment failure to protect and
medical care claims against Shelby County, Shelby County Commission, and Shelby
County Manager Alex Dudchock be dismissed. (Doc. 14.) The magistrate judge
further recommended that plaintiff's Fourteenth Amendment failure to protect and
medical care claims against Shelby County Sheriff Chris Curry and Captain Fondren
be referred to the magistrate judge for further proceedings. Id.
On December 17, 2012, plaintiff filed what appears to be both his response to
the magistrate judge's report and recommendation and an amended complaint. (Doc.
15.) Plaintiff states that he does not object to the magistrate judge's recommendation
that his Fourteenth Amendment claims against Defendants Shelby County, Shelby
County Commission, and Shelby County Manager Alex Dudchock be dismissed. Id.
Rather, plaintiff only seeks to pursue his Fourteenth Amendment claims against

Defendants Curry and Fondren and sets forth additional factual allegations in support
of those claims in the form of an amended complaint. Id.
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, ADJUDGED,
and DECREED that plaintiff's Fourteenth Amendment claims against Defendants
Shelby County, Shelby County Commission, and Shelby County Manager Alex
Dudchock are DISMISSED pursuant to 28 U.S.C. § 1915A(b). It is further
ORDERED that plaintiff's Fourteenth Amendment claims against Defendants Curry
and Fondren are REFERRED to the magistrate judge for further proceedings.
Plaintiff's amended complaint in which he sets forth additional factual allegations in
support of his Fourteenth Amendment claims against Defendants Curry and Fondren
is also REFERRED to the magistrate judge for consideration.
DATED, this 8th day of January 2013.

INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE

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