Mabry v. Moore et al

Filing 11

PARTIAL DISMISSAL ORDER The court ADOPTS the magistrate judges report and ACCEPTS his recommendations (doc. 10). For the reasons noted within, the court DISMISSES WITH PREJUDICE the plaintiffs false disciplinary/conspiracy claims against COI Moore p ursuant to 28 U.S.C. § 1915A(b) and/or (2). The court further ORDERS that the excessive force claims against COI Moore and Warden Davenport are REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 12/30/13. (SAC )

FILED
2013 Dec-30 PM 01:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DARRIOUS MABRY,
Plaintiff,
v.
MATTHEW MOORE, et al.,
Defendants.

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Case No. 4:13-cv-00199-KOB-HGD

PARTIAL DISMISSAL ORDER
The magistrate judge filed a report and recommendation on October 24, 2013,
recommending that the court dismiss the plaintiff’s false disciplinary/conspiracy
claims against COI Moore . (Doc. 10). The magistrate judge also recommended that
the court refer the plaintiff’s excessive force claims against COI Moore and Warden
Davenport to the magistrate judge for further proceedings. No party has filed any
objections.
The court has 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 recommendations. The court finds that
the plaintiff’s false disciplinary/conspiracy claims against COI Moore fail to evoke
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the protections of the Due Process Clause and are due to be dismissed with prejudice
pursuant to 28 U.S.C. § 1915A. Moreover, the court finds that the facts pled by the
plaintiff are sufficient to require a further response from defendants Moore and
Davenport.
Therefore, the court DISMISSES WITH PREJUDICE the plaintiff’s false
disciplinary/conspiracy claims against COI Moore pursuant to 28 U.S.C. § 1915A(b)
and/or (2). The court further ORDERS that the excessive force claims against COI
Moore and Warden Davenport are REFERRED to the magistrate judge for further
proceedings.
DONE and ORDERED this 30th day of December, 2013.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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