Pickens v. Alabama Department of Corrections et al

Filing 7

ORDER Magistrate Judge Davis' report is hereby ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all claims against the Alabama Department of Corrections; all official-capacity claims against defendants Hutton and Johnson; the Ei ghth Amendment excessive force claims against defendant Hutton for the plaintiffs July 21, 2016, assault; and the Eighth Amendment excessive force and Fourteenth Amendment due process claims against defendants Hutton and Johnson arising from the plai ntiff's August 18, 2016, assault are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the Eighth Amendment medical care and conditions of confinement claims against defendant Hutton, and Eighth Amendment excessive force claim against defendant Johnson for the plaintiffs July 21, 2016, assault are REFERRED to United States Magistrate Judge Herman N. Johnson, Jr., for further proceedings. Signed by Judge L Scott Coogler on 6/29/2017. (PSM)

FILED
2017 Jun-29 AM 10:50
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
TRAVIS SENTEL PICKENS,
Plaintiff,
v.
ALABAMA
DEPARTMENT
CORRECTIONS, et al.,
Defendants.

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Case No. 4:16-cv-01854-LSC-HNJ

ORDER
United States Magistrate Judge Harwell G. Davis, III., entered a report on
May 12, 2017, recommending all claims against the Alabama Department of
Corrections; all official-capacity claims against defendants Hutton and Johnson;
the Eighth Amendment excessive force claims against defendant Hutton for the
plaintiff’s July 21, 2016, assault; and the Eighth Amendment excessive force and
Fourteenth Amendment due process claims against defendants Hutton and Johnson
arising from the plaintiff’s August 18, 2016, assault 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. 6). Magistrate Judge Davis further recommended the plaintiff’s
Eighth Amendment medical care and conditions of confinement claims against
defendant Hutton, and the Eighth Amendment excessive force claim against
defendant Johnson for the plaintiff’s July 21, 2016, assault be referred back to the

magistrate judge for further proceedings. (Id. at 16-17). Although Magistrate
Judge Davis 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, Magistrate Judge Davis’
report is hereby ADOPTED and the recommendation is ACCEPTED. The court
ORDERS that all claims against the Alabama Department of Corrections; all
official-capacity claims against defendants Hutton and Johnson; the Eighth
Amendment excessive force claims against defendant Hutton for the plaintiff’s
July 21, 2016, assault; and the Eighth Amendment excessive force and Fourteenth
Amendment due process claims against defendants Hutton and Johnson arising
from the plaintiff’s August 18, 2016, assault are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that
the Eighth Amendment medical care and conditions of confinement claims against
defendant Hutton, and Eighth Amendment excessive force claim against defendant
Johnson for the plaintiff’s July 21, 2016, assault are REFERRED to United States
Magistrate Judge Herman N. Johnson, Jr., for further proceedings.

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DONE and ORDERED on June 29, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

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