Mays v. McLaurin et al

Filing 19

MEMORANDUM OPINION AND ORDER The magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all claims in this matter, except the excessive force claim against Officer McLaurin, are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the remaining excessive force claim against Officer McLaurin is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 12/20/16. (SAC ) *Memo Op and Order placed in first class mail to pro se Plaintiff.

FILED
2016 Dec-20 AM 10:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICAH MAYS,
Plaintiff,
v.
CORRECTIONAL OFFICER
McLAURIN, et al.,
Defendants.

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Case No. 2:16-cv-00051-KOB-JHE

MEMORANUM OPINION AND ORDER
The magistrate judge entered a report on November 28, 2016,
recommending that all claims in this matter, except the excessive force claim
against Officer McLaurin, be dismissed without prejudice, pursuant to 28 U.S.C. §
1915A(b)(1), for failing to state a claim upon which relief can be granted. (Doc.
16). The magistrate judge further recommended that the remaining excessive force
claim against Officer McLaurin be referred back to the magistrate judge for further
proceedings. (Id. at 8). Although the magistrate judge advised the plaintiff of his
right to file specific written objections within fourteen days, no objections have
been filed with the court.
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 in this matter, except the excessive force claim against
Officer McLaurin, are DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1915A(b)(1). The court further ORDERS that the remaining excessive
force claim against Officer McLaurin is REFERRED to the magistrate judge for
further proceedings.
DONE and ORDERED this the 20th day of December, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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