Cathey v. Curry et al

Filing 29

ORDER-re: R&R 25 . The Court is of the opinion that the magistrate judge's report is due to be ACCEPTED and her recommendation is ADOPTED. It is ORDERED that all claims against dfts in this action except the excessive force claims against dfts Laatsch, English, Monk, Green, Hogan and Woods are DISMISSED. It is further ORDERED that the excessive force claims against dfts are REFERRED to the magistrate judge for further proceedings. Signed by Judge Robert B Propst on 6/16/2014. (AVC)

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FILED 2014 Jun-16 AM 10:47 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVEON L. CATHEY, Plaintiff , v. OFFICER EUGENE PATRICK, et. al., Defendants. ) ) ) ) ) ) ) ) ) 2:12-CV-4115-RBP-SGC ORDER The magistrate judge filed a report and recommendation on May 15, 2014, recommending several of plaintiff’s claims be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). In particular, the magistrate judge recommended dismissal of plaintiff’s due process and failure to protect claims against defendants Laatsch and Blackerby, his allegation that Nurse Kaye insulted his shirt, and his medical care claim against the “medical staff.” (Doc. 25). The magistrate judge further recommended the excessive force claims against defendants Laatsch, English, Monk, Green, Hogan and Woods be referred to her for further proceedings. Plaintiff filed no objections 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 magistrate judge’s report is due to be ACCEPTED and her recommendation ADOPTED. It is therefore ORDERED, ADJUDGED, and DECREED that all claims against all defendants in this action except the excessive force claims against defendants Laatsch, English, Monk, Green, Hogan and Woods are DISMISSED pursuant to 28 U.S.C. § 1915A(b). 1 It is further ORDERED that the excessive force claims against defendants Laatsch, English, Monk, Green, Hogan and Woods are REFERRED to the magistrate judge for further proceedings. DONE this 16th day of June, 2014. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE 2

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