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)
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.
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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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