Echols v. Price et al

Filing 16

MEMORANDUM OPINION AND ORDER ADOPTING the Magistrate Judges 15 Findings and Recommendation. Accordingly, the 15 Findings and Recommendation are ADOPTED as the Opinion of the Court. Further, the excessive force claim against CO Joseph Newman, in his individual capacity, is REFERRED to U.S. Magistrate Judge Harwell G. Davis, III for further proceedings. Signed by Judge Virginia Emerson Hopkins on 11/19/2013. (JLC)

FILED
2013 Nov-19 PM 12:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
NAKIA ECHOLS,
Plaintiff,
v.
CHERYL PRICE, et al.,

Defendants.

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2:12-cv-01718-VEH-HGD

MEMORANDUM OPINION AND ORDER
No party having responded to the magistrate judge’s findings and
recommendation, the court, having considered the findings and recommendation, and
having reviewed the entire file, concludes that the magistrate judge’s findings and
recommendation are correct. Accordingly, the findings and recommendation are
ADOPTED as the opinion of the court. It is EXPRESSLY DETERMINED that,
pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), the excessive force and failure to
protect claims against Warden Cheryl Price, Warden Gary Hetzel, Deputy Warden
Chris Gordy, and CO Brian Robinson, and any claims against CO Joseph Newman in
his official capacity are due to be, and are, DISMISSED WITH PREJUDICE.
Further, the excessive force claim against CO Joseph Newman, in his individual
capacity, is REFERRED to U.S. Magistrate Judge Harwell G. Davis, III for further

proceedings.
DONE and ORDERED this the 19th day of November, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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