Oden v. Price et al

Filing 7

ORDER Having carefully reviewed and considered de novo 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 ADOPTED and the magistrate judge's recomm endation is ACCEPTED. The court ORDERS that the plaintiff's supervisory liability claims against defendants Price and Specks are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. The court further ORDERS that the plaintiff's Eighth Amendment excessive force claim against defendant Cunningham and the plaintiff's Eighth Amendment failure to protect claims against defendants Murphy and Johnson are REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 3/11/16. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2016 Mar-11 PM 02:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

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

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) Case No. 2:15-cv-01227-KOB-TMP
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ORDER
The magistrate judge filed a report and recommendation on February 16, 2016,
recommending that the plaintiff's supervisory liability claims against defendants Price
and Specks be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which relief may be granted. (Doc. 6). The magistrate
judge further recommended that the plaintiff's Eighth Amendment excessive force
claim against defendant Cunningham and the plaintiff's Eighth Amendment failure
to protect claims against defendants Murphy and Johnson be referred to the
magistrate judge for further proceedings. (Id.). The plaintiff has not filed objections
to the report and recommendation.

Having carefully reviewed and considered de novo 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 is hereby ADOPTED and the magistrate
judge's recommendation is ACCEPTED. The court ORDERS that the plaintiff's
supervisory liability claims against defendants Price and Specks are DISMISSED
WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state
a claim upon which relief may be granted. The court further ORDERS that the
plaintiff's Eighth Amendment excessive force claim against defendant Cunningham
and the plaintiff's Eighth Amendment failure to protect claims against defendants
Murphy and Johnson are REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED this 11th day of March, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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