Fenn v. Madison County Jail et al

Filing 8

ORDER 6 Magistrate Judge's Report and Recommendation; Having reviewed the pleadings, the briefs, and the magistrates report, the court hereby ADOPTS the report of the magistrate judge; all claims in this action, except the excessive force cl aims and the state law assault and battery, negligence and wantonness claims against Officers Christian and Childress in their individual capacities, are DISMISSED WITHOUT PREJUDICE; The remaining claims are REFERRED to the magistrate judge for further proceedings Signed by Judge Abdul K Kallon on 09/08/2017. (KBB)

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FILED 2017 Sep-08 AM 10:18 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOHNNIE CEPHUS FENN, JR., Plaintiff, v. MADISON COUNTY JAIL, Defendant. ) ) ) ) ) ) ) ) ) Civil Action Number 5:17-cv-01210-AKK-JEO ORDER On August 8, 2017, the magistrate judge entered a Report and Recommendation regarding the Plaintiff’s claims. Doc. 6. Having reviewed the pleadings, the briefs, and the magistrate’s report, the court hereby ADOPTS the report of the magistrate judge. Accordingly, all claims in this action, except the excessive force claims and the state law assault and battery, negligence and wantonness claims against Officers Christian and Childress in their individual capacities, 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. The remaining claims are REFERRED to the magistrate judge for further proceedings. DONE the 8th day of September, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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