Mertens v. Oliver et al
Filing
14
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 judges report is hereby ADOPTED and the recommendation is ACCEPTED . The court ORDERS that the plaintiffs claims against the Franklin County Jail, Sheriff Oliver, and Captain Qualls are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the plaintiffs First Amendment religions claims and his Fourteenth Amendment equal protection claims against Sergeant Bagget and Correctional Officer Mojica are REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 4/26/2018. (TLM, )
FILED
2018 Apr-26 PM 03:09
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
ROCKY JOE MERTENS
Plaintiff,
v.
SHERIFF SHANNON OLIVER, et al.,
Defendants.
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Case No.: 3:17-cv-01747-LSC-JEO
ORDER
The magistrate judge entered a report on March 25, 2018, recommending the
plaintiff’s First Amendment religion claims and his Fourteenth Amendment equal
protection claims against the Franklin County Jail, Sheriff Oliver, and Captain
Qualls 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. 13).
The
magistrate judge further recommended the plaintiff’s First Amendment religion
claims and his Fourteenth Amendment equal protection claims against Sergeant
Bagget and Correctional Officer Mojica 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 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 the plaintiff’s claims against the Franklin County Jail, Sheriff
Oliver, and Captain Qualls are DISMISSED WITHOUT PREJUDICE pursuant
to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the plaintiff’s First
Amendment religions claims and his Fourteenth Amendment equal protection
claims against Sergeant Bagget and Correctional Officer Mojica are REFERRED
to the magistrate judge for further proceedings.
DONE and ORDERED on April 26, 2018.
_____________________________
L. Scott Coogler
United States District Judge
160704
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