Kidd v. Price et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS; all claims against all dfts, with the exception of pla's Fourteenth Amendment claim against Warden Price, are dismissed for failure to state a claim on which relief can be granted and alternatively because pla seeks monetary relief from a dft who is immune from such relief; claim against Warden Price is REFERRED to the Magistrate for further proceedings. Signed by Judge R David Proctor on 12/17/2015. (KAM, )

FILED
2015 Dec-17 AM 09:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM DARNELL KIDD,

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Plaintiff,
v.
WARDEN CHERYL PRICE, et al.,
Defendants.

Case No. 2:14-cv-02382-RDP-SGC

ORDER
The Magistrate Judge filed a Report and Recommendation on November 13, 2015,
recommending that all claims against all defendants -- with the exception of Plaintiff’s claim that
Warden Cheryl Price violated his Fourteenth Amendment right to due process of law by allowing
him to remain in disciplinary segregation for an indeterminate period -- be dismissed pursuant to
28 U.S.C. § 1915A(b)(1) for failure to state a claim on which relief can be granted and/or 28
U.S.C. § 1915A(b)(2) because they seek monetary relief from a defendant who is immune from
such relief (Doc. 12). The Magistrate Judge advised Plaintiff of his right to file specific written
objections within fourteen (14) days. (Id.). The court has received no objections from Plaintiff.
Having carefully reviewed and considered de novo all the materials in the court file,
including the Report and Recommendation, the Magistrate Judge’s Report is hereby ADOPTED
and the recommendation is ACCEPTED.

The court ORDERS that all claims against all

defendants -- with the exception of Plaintiff’s Fourteenth Amendment claim against Warden
Price -- are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim on
which relief can be granted and, alternatively, 28 U.S.C. § 1915A(b)(2) because Plaintiff seeks
monetary relief from a defendant who is immune from such relief.

The court further ORDERS

that Plaintiff’s Fourteenth Amendment claim against Warden Price is REFERRED to the
Magistrate Judge for further proceedings.
DONE and ORDERED this December 17, 2015.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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