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)

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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