Welch v. Estes et al

Filing 8

ORDER The court ADOPTS the magistrate judge's report and ACCEPTS the magistrate judge's recommendation; It is ORDERED that all of the plaintiff's claims in this action except his Eighth Amendment failure to protect claims against Defen dants McGhee and Noe are DISMISSED pursuant to 28 U.S.C. § 1915A(b); It is further ORDERED that the plaintiff's Eighth Amendment failure to protect claims against Defendants McGhee and Noe are REFERRED to the magistrate judge for further proceedings; Mike Jones, Ross, Lamar Temple, Dudley and DeWayne Estes terminated. Signed by Judge William M Acker, Jr on 12/29/14. (SAC ) Modified on 12/29/2014 (SAC, ).

FILED
2014 Dec-29 PM 12:07
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DARIUS WELCH,
Plaintiff,
v.
DEWAYNE ESTES, et al.,
Defendants.

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) Case No. 5:14-cv-00250-WMA-TMP
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ORDER

The magistrate judge filed a report and recommendation on October 31, 2014,
recommending that the following claims be dismissed pursuant to 28 U.S.C. §
1915A(b)(1) for failing to state a claim upon which relief may be granted:
(1) the plaintiff's claims against the defendants in their official capacities for
monetary relief;
(2) the plaintiff's claims against Inmate Lamar Temple;
(2) the plaintiff's supervisory claims against Defendants Estes and Jones;
(3) the plaintiff's claims against Defendant Dudley; and
(4) the plaintiff's claims against Defendant Ross.
(Doc. 7). The magistrate judge further recommended that the plaintiff's Eighth
Amendment failure to protect claims against Defendants McGhee and Noe be referred
to the magistrate judge for further proceedings. (Id.). 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 the plaintiff's claims in this action except his Eighth
Amendment failure to protect claims against Defendants McGhee and Noe are
DISMISSED pursuant to 28 U.S.C. § 1915A(b). It is further ORDERED that the
plaintiff’s Eighth Amendment failure to protect claims against Defendants McGhee
and Noe are REFERRED to the magistrate judge for further proceedings.
DONE this 29th day of December, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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