Underwood v. Bolling et al

Filing 9

ORDER the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all claims in this action, except the Eighth Amendment failure-to-protect claims against defendants Fox, Thomas, Tew, White, Baldwin and Bolling in their individual capacities for monetary damages are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the remaining claims are REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 4/3/2017. (PSM)

FILED
2017 Apr-03 AM 11:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERT UNDERWOOD,
Plaintiff,
v.
WARDEN LEON BOLLING, et al.,
Defendants.

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Case No.: 2:16-cv-00892-LSC-TMP

ORDER
The magistrate judge entered a report on March 7, 2017, recommending all
claims in this action, except the Eighth Amendment failure-to-protect claims
against defendants Fox, Thomas, Tew, White, Baldwin and Bolling in their
individual capacities for monetary damages 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. 8).

The magistrate judge further recommended the

plaintiff’s remaining claims be referred back to the magistrate judge for further
proceedings. (Id. at 19). Although the magistrate judge advised the plaintiff of his
right to file specific written objections within fourteen (14) 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 magistrate judge’s report

is hereby ADOPTED and the recommendation is ACCEPTED.

The court

ORDERS that all claims in this action, except the Eighth Amendment failure-toprotect claims against defendants Fox, Thomas, Tew, White, Baldwin and Bolling
in their individual capacities for monetary damages are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that
the remaining claims are REFERRED to the magistrate judge for further
proceedings.
DONE and ORDERED on April 3, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

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