Brown v. Samaniego et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 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 AC CEPTED. The court ORDERS that all claims against all defendants in this action -- except (1) the Fourteenth Amendment procedural due process claims against defendants Goode, Gentry, Woods, Hood, and Samaniego regarding the plaintiff's October 20 16, disciplinary action, and (2) the Fourteenth Amendment procedural due process claims against Sgt. John Doe and Samaniego regarding the plaintiff's December 2016, disciplinary action -- 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 3/21/2018. (PSM)

FILED
2018 Mar-21 AM 11:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM OTIS JAMES BROWN,
Plaintiff,
v.
JOHN SAMANIEGO, et al.,
Defendants.

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Case No. 2:17-cv-00965-LSC-HNJ

ORDER
The magistrate judge entered a report on February 16, 2018, recommending
the following claims be referred back to the magistrate judge for further
proceedings:

(1) the Fourteenth Amendment procedural due process claims

against defendants Goode, Gentry, Woods, Hood, and Samaniego regarding the
plaintiff’s October 2016, disciplinary action; and (2) the Fourteenth Amendment
procedural due process claims against Sgt. John Doe and Samaniego regarding the
plaintiff’s December 2016, disciplinary action. (Doc. 14 at 13-14). The magistrate
judge further recommended the plaintiff’s remaining claims against Goode,
Gentry, Woods, Hood, Sgt. John Doe, and Samaniego be dismissed without
prejudice pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which
relief can be granted. (Id.). 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 against all defendants in this action -- except (1) the
Fourteenth Amendment procedural due process claims against defendants Goode,
Gentry, Woods, Hood, and Samaniego regarding the plaintiff’s October 2016,
disciplinary action, and (2) the Fourteenth Amendment procedural due process
claims against Sgt. John Doe and Samaniego regarding the plaintiff’s December
2016, disciplinary action -- 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 March 21, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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