Poole v. Felder et al

Filing 13

ORDER -re: R&R 12 . The court is of the opinion that the magistrate judge's report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. It is ORDERED that all of pltf's claims in this action, except the excessive force claim against Officer Felder, are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that the remaining excessive force claim against Officer Felder is REFERRED to the magistrate judge for further proceedings. Signed by Judge James H Hancock on 1/10/2014. (AVC)

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FILED 2014 Jan-10 AM 10:03 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RICARDO POOLE, Plaintiff, vs. VICTORRUS FELDER, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:13-cv-01265-JHH-JEO ORDER The magistrate judge filed a report on December 5, 2013, recommending that all claims in this action, except the excessive force claim against Officer Victorrus Felder, be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1). It was further recommended that the excessive force claim against Officer Victorrus Felder be referred to the magistrate judge for further proceedings. Although the plaintiff was advised of his right to file specific written objections within fifteen days, he has not responded 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 and hereby is ADOPTED and the magistrate judge's recommendation is ACCEPTED. It is therefore ORDERED that all of plaintiff's claims in this action, except the excessive force claim against Officer Victorrus Felder, are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). It is further ORDERED that the remaining excessive force claim against Officer Felder is REFERRED to the magistrate judge for further proceedings. The Clerk is DIRECTED to serve a copy of this order upon the plaintiff. DONE this the 10th day of January, 2014. SENIOR UNITED STATES DISTRICT JUDGE 2

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