Philipps v. Gordy et al

Filing 15

ORDER The court ADOPTS the magistrate judge's report and ACCEPTS the recommendation. The court ORDERS that the plaintiff's claims, except for his Eighth Amendment excessive force claim against defendant Walker, are DISMISSED WITHOUT PREJUDI CE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the plaintiff's Eighth Amendment excessive force claim against defendant Walker is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 2/28/18. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2018 Feb-28 AM 09:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

ZANE PERRY PHILLIPS,
Plaintiff,
v.
CHRISTOPHER GORDY, et al.,
Defendants.

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Case No. 5:17-cv-00052-KOB-JHE

ORDER
The magistrate judge entered a report on January 8, 2018, recommending
that all of the plaintiff’s claims in this action, except his Eighth Amendment
excessive force claim against defendant Walker, be dismissed without prejudice,
pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief
can be granted.

(Doc. 14).

The magistrate judge further recommended the

plaintiff’s Eighth Amendment excessive force claim against defendant Walker be
referred back to the magistrate judge for further proceedings. (Id. at 14). Although
the magistrate judge advised the plaintiff of his right to file specific written
objections within fourteen days, the court has received no objections.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the court hereby ADOPTS the
magistrate judge’s report and ACCEPTS the recommendation.

The court

ORDERS that the plaintiff’s claims, except for his Eighth Amendment excessive
force

claim

against

defendant

Walker,

are

DISMISSED

WITHOUT

PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS
that the plaintiff’s Eighth Amendment excessive force claim against defendant
Walker is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED this 28th day of February, 2018.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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