James v. Varreen et al
Filing
9
MEMORANDUM OPINION AND ORDER After careful consideration of the record in this case and the magistrate judge's report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendation of the magistrate judge. Accordingly, the claims against Lt. McKnight, Assistant Warden Varreen, Assistant Warden Clay, Lt. Bouns, Lt. Epps, Lt. Orr, and Ms. Patterson are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). Plaintiff's claim against Lt. Baker is REFERRED to the magistrate judge for further proceedings. Signed by Judge Abdul K Kallon on 12/23/2013. (PSM)
FILED
2013 Dec-23 PM 12:00
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CURLEY EMANUEL JAMES,
JR.,
Plaintiff,
vs.
ASSISTANT WARDEN A. W.
VARREEN, et al.,
Defendants.
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Civil Action Number
2:13-cv-37-AKK-JEO
MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report and recommendation on November 25,
2013, recommending that claims against Lt. McKnight, Assistant Warden Varreen,
Assistant Warden Clay, Lt. Bouns, Lt. Epps, Lt. Orr, and Ms. Patterson be dismissed
pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). The magistrate judge further
recommended that the plaintiff’s claim against Lt. Baker that he failed to protect the
plaintiff from assault by another inmate after hearing the inmate threaten the
plaintiff, be referred to the magistrate judge for further proceedings. Plaintiff filed a
motion for a ten day extension of time, doc. 8, until December 19, 2013. Neither
party has filed any objections.
After careful consideration of the record in this case and the magistrate
judge’s report and recommendation, the court hereby ADOPTS the report of the
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magistrate judge. The court further ACCEPTS the recommendation of the
magistrate judge. Accordingly, the claims against Lt. McKnight, Assistant Warden
Varreen, Assistant Warden Clay, Lt. Bouns, Lt. Epps, Lt. Orr, and Ms. Patterson are
DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). Plaintiff’s claim
against Lt. Baker is REFERRED to the magistrate judge for further proceedings.
DONE this 23rd day of December, 2013.
________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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