Stone v. Thomas

Filing 21

MEMORANDUM OPINION ADOPTING 20 REPORT AND RECOMMENDATIONS. Signed by Judge Abdul K Kallon on 5/3/2016. Copy served on plff on this date. (YMB)

FILED
2016 May-03 AM 08:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
C.S.,
Plaintiff,
v.
KIM THOMAS, et al.,
Defendants.

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Case No. 5:14-cv-01022-AKK-JEO

MEMORANDUM OPINION
The magistrate judge filed a report on April 8, 2016, recommending that: (1)
the plaintiff’s ADA and Rehabilitation Act claims against the ADOC and
defendant Estes for monetary damages be dismissed without prejudice pursuant to
42 U.S.C. § 1997e(e); (2) the plaintiff claims for declaratory and injunctive relief
under the ADA and the Rehabilitation Act be dismissed without prejudice; (3)
defendant Estes’s motion for summary judgment on the plaintiff’s Eighth
Amendment conditions of confinement claims be granted and the claims be
dismissed with prejudice; and (4) defendant Estes’s motion for summary judgment
on the plaintiff’s Ninth and Thirteenth Amendment claims be granted and the
claims be dismissed with prejudice. Doc. 20 at 16-17. The magistrate judge
advised the plaintiff of his right to file specific written objections within fourteen
(14) days. Id. at 17-18. To date, 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, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. The plaintiff’s
ADA and Rehabilitation Act claims against the ADOC and defendant Estes for
monetary damages are due to be dismissed without prejudice pursuant to 42 U.S.C.
§ 1997e(e); the plaintiff’s claims for declaratory and injunctive relief under the
ADA and the Rehabilitation Act are due to be dismissed without prejudice;
defendant Estes’s motion for summary judgment on the plaintiff’s Eighth
Amendment conditions of confinement claims is due to be granted and the claims
are due to be dismissed with prejudice; and defendant Estes’s motion for summary
judgment on the plaintiff’s Ninth and Thirteenth Amendment claims is due to be
granted and the claims are due to be dismissed with prejudice.
A Final Judgment will be entered.
DONE the 3rd day of May, 2016.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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