Eason v. Davenport et al

Filing 8

ORDER ADOPTING the Magistrate Judge's 7 REPORT and ACCEPTING the Magistrate Judge's 7 RECOMMENDATIONS. It is therefore ORDERED, ADJUDGED and DECREED that all of Plaintiff's claims in this action, except his Eighth Amendment excess ive force claims, are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted. It is further ORDERED that Plaintiff's Eighth Amendment excessive force claims are REFERRED back to the Magistrate Judge for further proceedings. Signed by Judge Virginia Emerson Hopkins on 5/19/2014. (JLC)

FILED
2014 May-19 PM 12:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
RICHARDO S. EASON,
Plaintiff,
vs.
WARDEN III CARTER DAVENPORT,
et al.,
Defendants.

)
)
)
)
) Case No.: 4:13-cv-00576-VEH-SGC
)
)
)
)
)

ORDER
On April 23, 2014, the magistrate judge filed a Report and Recommendation,
recommending Plaintiff's supervisory liability claims against Defendants Davenport,
Headley, Richie, Malone, Gray, and Cook be dismissed for failing to state a claim upon
which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1). (Doc. 7.) The
magistrate judge further recommended Plaintiff’s Eighth Amendment excessive force
claims against Defendants Howard, Knight, and Cleveland be referred to the magistrate
judge for further proceedings. (Id.) The deadline for filing objections was May 8, 2014.
No objections have been filed.
Having carefully reviewed and considered de novo all the materials in the court
file, including the Report and Recommendation, the Court is of the opinion that the
magistrate judge's report is due to be and is hereby ADOPTED, and the magistrate

judge's recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED,
and DECREED that all of Plaintiff's claims in this action, except his Eighth
Amendment excessive force claims, are DISMISSED pursuant to 28 U.S.C. §
1915A(b)(1) for failing to state a claim upon which relief may be granted. It is further
ORDERED that Plaintiff’s Eighth Amendment excessive force claims against
Defendants Howard, Knight, and Cleveland are REFERRED to the magistrate judge
for further proceedings.
DONE this 19th day of May, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

2