Pace v. Bentley et al

Filing 9

ORDER-re: R&R 8 . The court hereby ADOPTS and APPROVES the findings and recommendation of the Magistrate Judge as the findings and conclusions of this court. It is hereby ORDERED that all of Pltf's claims, with the exception of Pltf's e xcessive force claim against Officer McCulla, are DISMISSED WITHOUT PREJUDICE. Pltf's excessive force claim against Officer McCulla is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 9/10/2014. (AVC)

FILED
2014 Sep-10 PM 04:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JASON LEE PACE,
Plaintiff,
v.
ROBERT BENTLEY, et al.,
Defendants.

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Case Number: 5:14-cv-00218-RDP-JEO

ORDER
On August 14, 2014, the Magistrate Judge entered a Report and Recommendation. (Doc.
#8). The Report recommends (1) that all of Plaintiff’s claims, with the exception of Plaintiff’s
excessive force claim against Officer McCulla, be dismissed without prejudice for failing to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1), and (2) that
Plaintiff’s excessive force claim against Officer McCulla be referred to the Magistrate Judge for
further proceedings. No objections have been filed.
The court has considered the entire file in this action, together with the Report and
Recommendation, and has reached an independent conclusion that the Report and
Recommendation is due to be adopted and approved. Accordingly, the court hereby ADOPTS
and APPROVES the findings and recommendation of the Magistrate Judge as the findings and
conclusions of this court. It is hereby ORDERED as follows:
1.

All of Plaintiff’s claims, with the exception of Plaintiff’s excessive force claim

against Officer McCulla, are DISMISSED WITHOUT PREJUDICE for failing to state a claim
upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1).

2.

Plaintiff’s excessive force claim against Officer McCulla is REFERRED to the

Magistrate Judge for further proceedings.
DONE and ORDERED this September 10, 2014.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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