Craig v. Alabama Department of Corrections et al

Filing 14

ORDER adopting Report and Recommendations; granting in part and denying in part 3 Motion for preliminary declaratory judgment ; granting 13 Motion to Amend/Correct ; Warden Cheryl Price, Warden Angela Miree and classification Specialist Ms. Stinson; Grant Culliver and Mrs Gholstein are added as dfts. Signed by Judge L Scott Coogler on 8/14/2014. (KAM, )

FILED
2014 Aug-14 PM 03:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL JAMES CRAIG,

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Plaintiff,
v.
ALABAMA DEPARTMENT
OF CORRECTIONS, et. al.,
Defendants.

2:14-cv-00503-LSC-JEO

ORDER
Plaintiff filed a Motion for Preliminary Declaratory Judgment, in which he requested
preliminary injunctive relief. (Doc. 3). The magistrate judge entered a report and recommendation
on July 7, 2014, recommending that injunctive relief be denied. (Doc. 11 at 10). Further, to the
extent the motion could “be interpreted as a request to amend the complaint to add claims against
W.E. Donaldson Correctional Facility employees Warden Hicks, Warden Specks, Sgt. Trenton, COI
Charles Willis and Classification Officer Bonner,” the magistrate judge recommended the
amendment be granted. (Id. at 10-11).
The plaintiff filed objections to the report and recommendation on July 21, 2014. (Doc. 12).
On July 23, 2014, the plaintiff filed a Motion to Amend his complaint. (Doc. 13). In his objections,
the plaintiff “does not disagree” with the recommendation that the above ADOC employees at W.E.
Donaldson be named as defendants. (Doc. 12 at 1-2). In his motion to amend, the plaintiff asserts
that Warden Hicks is now retired, and names W.E. Donaldson employees Warden Cheryl Price,
Warden Angela Miree and Classification Specialist Ms. Stinson as additional defendants. (Doc. 13
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at 2). He further seeks to add Regional Coordinator Grant Culliver and Mrs. Gholstein, Head of the
Central Review Board, as defendants. (Id. at 11). Plaintiff’s allegations against these proposed
defendants generally mirror the plaintiff’s claims as described in the magistrate judge’s report and
recommendation. (Id. at 1-18).
Having carefully reviewed and considered de novo all the materials in the court file, including
the report and recommendation and the objections thereto, the Court is of the opinion that the
magistrate judge’s report is due to be and is hereby ADOPTED and the recommendations are
ACCEPTED. Although plaintiff now alleges that he is no longer in segregation at W.E. Donaldson
Correctional Facility, as he was at the time the magistrate judge entered the report and
recommendation, he also admits that in response to his safety concerns, Warden Specks, Warden
Miree, and Classification Specialists Bonner and Stinson have continuously afforded him a choice
to be housed in an isolation cell or return to general population. (Doc. 13 at 8). Despite the open
opportunity to secure his own safety while this lawsuit is pending, it appears plaintiff has chosen to
be housed in general population. Accordingly, to the extent plaintiff’s Motion for Preliminary
Declaratory Judgment requests preliminary injunctive relief, it is DENIED.
To the extent the Motion For Preliminary Declaratory Judgment can be construed to add
W.E. Donaldson Correctional Facility employees Warden Hicks, Warden Specks, Sgt. Trenton, COI
Charles Willis and Classification Officer Bonner as defendants, it is GRANTED. Moreover,
plaintiff’s Motion to Amend is GRANTED, and W.E. Donaldson employees Warden Cheryl Price,
Warden Angela Miree and Classification Specialist Ms. Stinson, as well as Regional Coordinator
Grant Culliver and Mrs. Gholstein, Head of the Central Review Board, are added as defendants. No
further amendments shall be allowed.
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The Clerk is DIRECTED to TERM documents 3 and 13, and add the above-named
individuals as defendants.
The Clerk is FURTHER DIRECTED to send a copy of this Order to plaintiff and counsel
for the defendants.
Done this 14th day of August 2014.

L. Scott Coogler
United States District Judge
[160704]

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