Burrell v. Alabama Department of Corrections et al

Filing 56

ORDER that the magistrate's 54 report is ADOPTED and the recommendation is ACCEPTED. Consequently, dft's motion for summary judgment is DENIED. The court further ORDERS that plff's First Amendment claim is REFERRED to the magistrate judge for further proceedings. Signed by Judge Abdul K Kallon on 11/4/2016. Copy served on plff on this date.(YMB)

FILED
2016 Nov-07 AM 08:40
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
REGINALD BURRELL,
Plaintiff,

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

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Civil Action Number
2:15-cv-00977-AKK-TMP

ORDER
The magistrate judge filed a report on October 20, 2016, recommending that
the defendant’s special report be treated as a motion for summary judgment and
further recommending that the motion be denied. Doc. 54. The court advised the
parties of their right to file specific written objections within fourteen days. Id. at
22–23. The plaintiff filed objections, stating that the magistrate judge “fail[ed] to
consider [his] Prayer for relief as stated in [his] original complaint,” which
included, inter alia, requests that the defendant “be charged according to state and
federal law” and “face jail time.” See docs. 55 at 1–2; 1 at 45. These objections
are OVERRULED.
After careful review and consideration de novo of 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

recommendation ACCEPTED.

Consequently, the defendant’s motion for

summary judgment is DENIED. The court further ORDERS that the plaintiff’s
First Amendment claim is REFERRED to the magistrate judge for further
proceedings.
DONE the 4th day of November, 2016.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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