Grimes v. Thomas et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 all of pla's claims in this action except his Eighth Amendment conditions of confinement claims against Dfts Thomas and Price are DISMISSED pursuant to 28 U.S.C. § 1915A(b); it is further ORDERED that plas Eighth Amendment conditions of confinement claims against Dfts Thomas and Price are REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 2/5/13. (KGE, )

FILED
2013 Feb-05 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

TONY EUGENE GRIMES,
Plaintiff,
vs.
KIM T. THOMAS, et al.,
Defendants.

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ORDER
The magistrate judge filed a report and recommendation on January 14, 2013,
recommending that plaintiff's claims against the Alabama Department of Corrections
and W.E. Donaldson Correctional Facility be dismissed pursuant to 28 U.S.C. §
1915A(b)(1) and/or (2). (Doc. 14.) It was further recommended that plaintiff's
Fourteenth Amendment due process and equal protection claims against Defendants
Thomas and Price be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). Last,
the magistrate judge recommended that plaintiff’s Eighth Amendment conditions of
confinement claims against Defendants Thomas and Price be referred to the
magistrate judge for further proceedings. No objections have been filed by any party.

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 all of plaintiff's claims in this action except his Eighth
Amendment conditions of confinement claims against Defendants Thomas and Price
are DISMISSED pursuant to 28 U.S.C. § 1915A(b). It is further ORDERED that
plaintiff’s Eighth Amendment conditions of confinement claims against Defendants
Thomas and Price are REFERRED to the magistrate judge for further proceedings.
Done this 5th day of February 2013.

L. Scott Coogler
United States District Judge
[160704]

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