Lindsey v. Estes et al

Filing 13

ORDER ADOPTING and ACCEPTING the Magistrate Judges 12 Report and Recommendation. The Court ORDERS that all claims in this action, except the Plaintiff's Retaliation Claims against McLemore in his individual capacity based on denial of meals i n January 2018, are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The Court further ORDERS that the Plaintiff's Retaliation Claims against defendant McLemore are REFERRED to the Magistrate Judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 1/8/2019. (JLC)

FILED
2019 Jan-08 AM 09:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CURTIS B. LINDSEY,
Plaintiff,
v.
WARDEN ESTES, et al.,
Defendants.

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Case No.: 4:17-cv-02045-KOB-SGC

ORDER
On November 20, 2018, the magistrate judge entered a report recommending
all claims in this action be dismissed without prejudice for failing to state a claim
upon which relief can be granted EXCEPT the individual capacity retaliation claims
against Sergeant William McLemore for denial of meals in January 2018. See 28
U.S.C. § 1915A(b)(1); (Doc. 12). The report further recommended the plaintiff’s
surviving claims be referred back to the magistrate judge for additional proceedings.
Although the report advised the plaintiff of his right to file specific written objections
within fourteen calendar days, the court has not received any objections.
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
ADOPTED, and the recommendation is ACCEPTED. The court ORDERS that all
claims in this action, except the plaintiff’s retaliation claims against McLemore in his

individual capacity based on denial of meals in January 2018, are DISMISSED
WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further
ORDERS that the plaintiff’s retaliation claims against defendant McLemore are
REFERRED to the magistrate judge for further proceedings.
The court DIRECTS the Clerk of Court to provide a copy of this Order to the
plaintiff.
DONE and ORDERED this 8th day of January, 2019.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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