Rolley v. Jenkins et al

Filing 11

ORDER ADOPTING and ACCEPTING 10 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The Court ORDERS that all claims in this action, except the First Amendment Freedom of Religion and the Eighth Amendment excessive force and delayed medical care cla ims against Jenkins and Murphee 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 Virginia Emerson Hopkins on 4/19/2017. (JLC)

FILED
2017 Apr-19 PM 03:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CORTNEY LAMAR ROLLEY,
Plaintiff,
v.
LT. JENKINS, et al.,
Defendants.

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Case No. 2:16-cv-01039-VEH-JEO

ORDER
The magistrate judge entered a report on March 24, 2017, recommending all
claims in this action, except the First Amendment Freedom of Religion and the
Eighth Amendment excessive force and delayed medical care claims against
Jenkins and Murphee be dismissed without prejudice pursuant to 28 U.S.C. §
1915A(b), for failing to state a claim upon which relief can be granted. (Doc. 10).
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.

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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 First Amendment Freedom of
Religion and the Eighth Amendment excessive force and delayed medical care
claims against Jenkins and Murphee 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 this 19th day of April, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

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