Watkins v. Morgan County Commissioner et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendation; Having reviewed and considered all the materials in this case the Magistrate Judge's Report is ADOPTED and the Recommendation is ACCEPTED, The court ORDERS that t he following claims are DISMISSED WITHOUT PREJUDICE for failing to state a claim upon which relief may be granted: (1) the plaintiff's claims against the Morgan County Commission and its members; (2) the plaintiff's Eighth Amendment fail ure to protect claim against Sheriff Ana Franklin; and (3) the plaintiff's Eighth Amendment medical claims against defendants Ozbolt, Corriko, McVay, Allen, Driggers, and unknown officers for their failure to provide grievance forms to the pl aintiff; the following claims are REFERRED to the magistrate judge for further proceedings: (1) the plaintiff's Eighth Amendment failure to protect claims against defendant Ozbolt and unknown officers; (2) the plaintiff's Eighth Amendment claims for denial of medical treatment against defendants Ozbolt, Corriko, McVay, Allen, Driggers, and unknown officers; and (3) the plaintiffs retaliation claim against defendant Ozbolt. Signed by Judge Abdul K Kallon on 10/11/2017. (KBB)

FILED
2017 Oct-12 AM 08:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JIMMY LEE WATKINS,
Plaintiff,
v.
MORGAN COUNTY
COMMISSIONER, et al.,
Defendants.

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Case No. 5:16-cv-00681-AKK-SGC

ORDER
On August 22, 2017, the magistrate judge entered a report recommending
the following claims be dismissed without prejudice for failure to state a claim
upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1): (1) the
plaintiff’s claims against the Morgan County Commission and its members; (2) the
plaintiff’s Eighth Amendment failure to protect claim against Sheriff Ana Franklin;
and (3) the plaintiff’s Eighth Amendment medical claims against defendants
Ozbolt, Corriko, McVay, Allen, Driggers, and unknown officers based on their
failure to provide grievance forms to the plaintiff. Doc. 22. The magistrate judge
further recommended the following claims be referred back to the magistrate judge
for further proceedings: (1) the plaintiff’s Eighth Amendment failure to protect
claims against defendant Ozbolt and unknown officers; (2) the plaintiff’s Eighth
Amendment claims for denial of medical treatment against defendants Ozbolt,

Corriko, McVay, Allen, Driggers, and unknown officers; and (3) the plaintiff’s
retaliation claim against defendant Ozbolt. Id. The magistrate judge advised the
plaintiff of his right to file specific written objections within fourteen days. Id. at
16.
On September 8, 2017, the plaintiff moved for an extension of time to file
objections to the Report and Recommendation. Doc. 23. On September 19, 2017,
the magistrate judge granted the plaintiff’s motion for an extension of time and
ordered him to file any objections within fourteen days from the entry date of the
order. Doc. 25. The deadline has passed, and the plaintiff has not filed objections.
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 recommendation is ACCEPTED. The court ORDERS that
the following claims are DISMISSED WITHOUT PREJUDICE 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 Morgan County Commission and its
members; (2) the plaintiff’s Eighth Amendment failure to protect claim against
Sheriff Ana Franklin; and (3) the plaintiff’s Eighth Amendment medical claims
against defendants Ozbolt, Corriko, McVay, Allen, Driggers, and unknown
officers for their failure to provide grievance forms to the plaintiff. The court
FURTHER ORDERS that the following claims are REFERRED to the
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magistrate judge for further proceedings: (1) the plaintiff’s Eighth Amendment
failure to protect claims against defendant Ozbolt and unknown officers; (2) the
plaintiff’s Eighth Amendment claims for denial of medical treatment against
defendants Ozbolt, Corriko, McVay, Allen, Driggers, and unknown officers; and
(3) the plaintiff’s retaliation claim against defendant Ozbolt.
DONE the 11th day of October, 2017.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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