Russell v. Franklin et al

Filing 8

MEMORANDUM OPINION. Signed by Judge R David Proctor on 3/23/2015. (AVC)

FILED
2015 Mar-23 AM 10:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
PRESTON WADE RUSSELL,
Plaintiff,
v.
ANA W. FRANKLIN, et al.,
Defendants.

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Case No.: 5:14-cv-02317-RDP-HGD

MEMORANDUM OPINION
On March 4, 2015, the Magistrate Judge’s Report and Recommendation was entered and
the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. First, the
court ACCEPTS the recommendation of the Magistrate Judge that the claims against Defendant
Ana W. Franklin are due to be dismissed pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state
a claim upon which relief can be granted and that Franklin is to be dismissed as a Defendant in
this action.
Second, the court also ACCEPTS the recommendation of the Magistrate Judge that
Defendants Sain and Nau be required to respond to Plaintiff’s allegation that they subjected him
to excessive force on April 19, 2014, and that said claim be referred to the Magistrate Judge for
further proceedings.
A separate order in accordance with this Memorandum Opinion will be entered.

DONE and ORDERED this March 23, 2015.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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