Nye v. Riley et al

Filing 3

ORDER The court is of the opinion that the magistrate judge's report is due to be ADOPTED, and his recommendations ACCEPTED. The claims against Judge Tim Riley and Suzie McCoy, and the claims against Markita Shaw and Romona Rodgers in their off icial capacities, are DISMISSED WITHOUT PREJUDICE. This action is REFERRED to the magistrate judge for further proceedings as to Nye's First Amendment claims against Shaw and Rogers regarding the opening and copying of Nye's legal mail, and Nye's Eighth Amendment claim against Shaw for her refusal to have Nye's prescriptions filled. Signed by Judge Abdul K Kallon on 4/20/17. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2017 Apr-20 AM 11:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JAMES DONALD NYE,
Plaintiff,

v.
TIM RILEY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action Number
4:16-cv-00806-AKK-HGD

ORDER
James Donald Nye filed this lawsuit alleging violations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Doc. 1. The magistrate judge filed a report
on March 29, 2017, recommending that Nye’s complaint be dismissed in part,
pursuant to 28 U.S.C. § 1915A(b)(1). Doc. 2 at 24. The court advised the parties
of their right to file specific written objections within fourteen days. Id. at 25. Nye
did not submit any objections within the prescribed time period.
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 ADOPTED, and his
recommendations ACCEPTED. Accordingly, the claims against Judge Tim Riley
and Suzie McCoy, and the claims against Markita Shaw and Romona Rodgers in
their official capacities, are DISMISSED WITHOUT PREJUDICE. This action

is REFERRED to the magistrate judge for further proceedings as to Nye’s First
Amendment claims against Shaw and Rogers regarding the opening and copying of
Nye’s legal mail, and Nye’s Eighth Amendment claim against Shaw for her refusal
to have Nye’s prescriptions filled.
DONE the 20th day of April, 2017.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2