Andrews v. Boyd

Filing 19

ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judges report and ACCEPTS her recommendation. Pursuant to 28 U.S.C. § 1915A(b), the court ORDERS that all of the plaintiff's claims are DISMISSED WITHOUT PREJUDICE except: (1) the Eighth or Fourteenth Amendment claims against defendants Boyd and Holcomb in their individual capacities based on the conditions of confinement in the southwest section of Colbert County Jail between November 13, 2012, and October 2014; and (2) the Eighth or Fourteenth Amendment claims against defendants Lang and Norris for deliberate indifference to the plaintiff's serious medical needs. The court further ORDERS that the surviving claims are REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 12/13/16. (SAC )

FILED
2016 Dec-13 AM 11:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON RAY ANDREWS,
Plaintiff,
v.
ALLEN SCOTT BOYD, et al.,
Defendants.

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Case No. 2:15-cv-00045-KOB-SGC

ORDER
The magistrate judge entered a report on November 14, 2016. (Doc. 18). In
it, she recommended all claims against all defendants be dismissed without
prejudice pursuant to 28 U.S.C. § 1915A(b), except: (1) the Eighth or Fourteenth
Amendment claims against defendants Boyd and Holcomb in their individual
capacities based on the conditions of confinement in the southwest section of the
Colbert County Jail between November 13, 2012, and October 2014; and (2) the
Eighth or Fourteenth Amendment claims against defendants Lang and Norris for
deliberate indifference to the plaintiff’s serious medical needs. The report further
recommended the surviving claims be referred back to the magistrate judge for
further proceedings.

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Although the magistrate judge advised the plaintiff of his right to file
specific written objections within fourteen days, no objections have been received
by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the court ADOPTS the
magistrate judge’s report and ACCEPTS her recommendation.

Accordingly,

pursuant to 28 U.S.C. § 1915A(b), the court ORDERS that all of the plaintiff’s
claims are DISMISSED WITHOUT PREJUDICE except: (1) the Eighth or
Fourteenth Amendment claims against defendants Boyd and Holcomb in their
individual capacities based on the conditions of confinement in the southwest
section of Colbert County Jail between November 13, 2012, and October 2014;
and (2) the Eighth or Fourteenth Amendment claims against defendants Lang and
Norris for deliberate indifference to the plaintiff’s serious medical needs. The
court further ORDERS that the surviving claims are REFERRED to the
magistrate judge for further proceedings.
DONE and ORDERED this 13th day of December, 2016.

___________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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