Russo v. Dunn et al

Filing 12

ORDER The court ADOPTS the magistrate judge's report and ACCEPTS his recommendation. The court ORDERS that all claims in this action, except the Eighth Amendment conditions of confinement claims against defendants Dunn, Estes, Specks, Estell, No rthcutt, Graham, Malone, Warden (formerly Captain) Peters, all correctional officers and supervisors assigned to work P2 Dorm on April 20, 2016, 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 Chief Judge Karon O Bowdre on 3/6/18. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2018 Mar-06 PM 01:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
VICTOR JOSEPH RUSSO,
Plaintiff,
v.
JEFFERSON S. DUNN, et al.,
Defendants.

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Case No. 2:17-cv-01005-KOB-JEO

ORDER
The magistrate judge entered a report on November 20, 2017,
recommending all claims in this action, except the Eighth Amendment conditions
of confinement claims against defendants Dunn, Estes, Specks, Estell, Northcutt,
Graham, Malone, Warden (formerly Captain) Peters, and all correctional officers
and supervisors assigned to work P2 Dorm on April 20, 2016, 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. 7 at 42). The magistrate judge further
recommended the remaining claims be referred back to the magistrate judge for
further proceedings. (Id.). Although the magistrate judge advised the plaintiff of
his right to file specific written objections and granted him until February 5, 2018,
to do so (doc. 11), 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 court ADOPTS the

magistrate judge’s report and ACCEPTS his recommendation. The court
ORDERS that all claims in this action, except the Eighth Amendment conditions
of confinement claims against defendants Dunn, Estes, Specks, Estell, Northcutt,
Graham, Malone, Warden (formerly Captain) Peters, all correctional officers and
supervisors assigned to work P2 Dorm on April 20, 2016, 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 6th day of March, 2018.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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