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)

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