Harris v. Morgan County Sheriff Department et al

Filing 14

MEMORANDUM OPINION AND ORDER ADOPTING the Magistrate Judge's 12 REPORT and ACCEPTING his Recommendations. The Court hereby ORDERS that all of the Plaintiff's claims against defendants A. Dawson, Officer Bailey, Steve Haddock, Huntsville H ospital and Glenn Thompson are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The Court further ORDERS that the Plaintiff's remaining claim, for deliberate indifference to medical needs under the Eighth Amendment against defendant Hazen is REFERRED to the Magistrate Judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 2/12/2018. (JLC)

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FILED 2018 Feb-12 AM 10:07 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JONATHAN CLYDE HARRIS, Plaintiff, v. A. DAWSON, Warden, et al., Defendants. ) ) ) ) ) Case No. 5:17-cv-01601-KOB-TMP ) ) ) ) MEMORANDUM OPINION & ORDER The magistrate judge filed a report on December 13, 2017, recommending that, pursuant to 28 U.S.C. § 1915A(b), the court dismiss the plaintiff’s claims against defendants A. Dawson, Warden; Officer Bailey, State Trooper’s Office; Steve Haddock, Morgan County Circuit Judge; Glenn Thompson, Morgan County Circuit Judge; and Huntsville Hospital. The magistrate judge further recommended that plaintiff’s Eighth Amendment claims for deliberate indifference to medical needs against defendant Seth Hazen, Jail Sergeant, be referred to the magistrate judge for further proceedings. (Doc. 12). No party has filed any objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendations. Therefore, the court ORDERS that all of the plaintiff’s claims against defendants Dawson, Bailey, Haddock, Thompson, and Huntsville Hospital are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the plaintiff’s remaining claim, for deliberate indifference to medical needs under the Eighth Amendment against defendant Hazen is REFERRED to the magistrate judge for further proceedings. DONE and ORDERED this 12th day of February, 2018. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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