Blair v. Gentree et al

Filing 51

ORDER re 46 Magistrate Judge's Report and Recommendations- 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 rec ommendation is ACCEPTED. The court ORDERS that the plaintiff's claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief can be granted, EXCEPT specific claims related to the plaintiff's conditions of confinement under the Eighth Amendment. The court ORDERS that the plaintiff's Eighth Amendment conditions of confinement claims against defendants Gentry, Lee, Black, and Hammick concerning conditions at Cullman Co unty Jail relating to overcrowding, the presence of black mold, missing covers on electric boxes, broken and rusted sprinkler heads, and paper on the ceilings which pose a fire hazard are REFERRED to the magistrate judge for further proceedings. As for re 45 Motion Requesting Special Review, it is DENIED as MOOT for the reasons as stated within. Signed by Chief Judge Karon O Bowdre on 9/28/16. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2016 Sep-28 AM 10:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

DAMIAN A. BLAIR,
Plaintiff,
v.
SHERIFF MATT GENTRY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 5:15-cv-02167-KOB-TMP

ORDER
The magistrate judge entered a report on August 26, 2016, recommending that
all of the plaintiff’s claims in this action 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), with the exception of certain Eighth Amendment conditions of
confinement claims. (Doc. 46 at 56). The magistrate judge recommended the
plaintiff’s claims that the conditions in the Cullman County Jail relating to
overcrowding, the presence of black mold, missing covers on electric boxes, broken
and rusted sprinkler heads, and paper on the ceilings which pose a fire hazard violate
his Eighth Amendment right against cruel and unusual punishment, proceed against
defendants Gentry, Lee, Black, and Hammick, and that these claims be referred to the
magistrate judge for further proceedings. (Id.) Although the magistrate judge advised

the plaintiff of his right to file specific written objections within fourteen days, no
objections have been received by the court.1
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 court ORDERS that the
plaintiff’s claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C.
§ 1915A(b)(1), for failing to state a claim upon which relief can be granted, EXCEPT
specific claims related to the plaintiff's conditions of confinement under the Eighth
Amendment. The court ORDERS that the plaintiff’s Eighth Amendment conditions
of confinement claims against defendants Gentry, Lee, Black, and Hammick
concerning conditions at Cullman County Jail relating to overcrowding, the presence
of black mold, missing covers on electric boxes, broken and rusted sprinkler heads,
and paper on the ceilings which pose a fire hazard are REFERRED to the magistrate
judge for further proceedings.
Also before the court is the plaintiff’s “Motion Requesting Special Review,”
1

On September 1, 2016, the plaintiff notified the Clerk of Court that he had been transferred
to Kilby Correctional Facility. (Doc. 47). On the same day, the Clerk’s Office resent the magistrate
judge’s report and recommendation to the plaintiff’s updated address. On September 23, 2014, the
plaintiff notified the Clerk of Court that he had been transferred to Ventress Correctional Facility.
(Doc. 50). The plaintiff wrote, “If any other orders from this court [have] been issued since the brief
from the Magistrate Judge please send me a copy here.” (Id.). Therefore, it appears the plaintiff
received the magistrate judge’s report and recommendation. Fourteen days have elapsed since the
report and recommendation was mailed to the plaintiff after his first notice of an address change, and
he has not moved for an extension of time to file objections.

(doc. 45), in which he requests that his complaint be “screened.” (Id. at 2). The
plaintiff’s complaint has been screened pursuant to the Prisoner Litigation Reform
Act, 28 U.S.C. § 1915A, and the magistrate judge has recommended the dismissal of
claims that fail to state a claim upon which relief may be granted, and recommended
that some claims be referred for further proceedings. As stated above, the magistrate
judge’s report is adopted and his recommendation is accepted. Therefore, the
plaintiff's “Motion Requesting Special Review,” (doc. 45), is DENIED as MOOT.
DONE and ORDERED this 28th day of September, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE