Dudley v. Tuscaloosa Co Jail

Filing 10

ORDER-The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the Recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED, and DECREED that all of pltf's claims in this action, except the excessive force claim against Dfts Gandy, Samples, Channell, Little, and Williams arising from the July 13, 2011, incident, are DISMISSED WITHOUT PREJUDICE. If is further ORDERED that the remaining excessive force claim is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 6/19/2012. (AVC)

FILED
2012 Jun-19 PM 03:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JOSHUA RESHI DUDLEY,
Plaintiff,
v.
OFFICER GANDY, et al.,
Defendants.

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Case No. 7:11-cv-04170-RRA

ORDER
The Magistrate Judge filed a Report and Recommendation on May 22, 2012,
recommending that all claims in this action, except the excessive force claim against
Defendants Gandy, Samples, Channell, Little, and Williams arising from the July 13, 2011,
incident, be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1).

It was

further recommended that the excessive force claim against Gandy, Samples, Channell,
Little, and Williams be referred to the Magistrate Judge for further proceedings. Plaintiff
filed a response to the Report and Recommendation on May 30, 2012, indicating that he had
no objections to the Magistrate Judge’s findings.
Having carefully reviewed and considered de novo all the materials in the court file,
including the Report and Recommendation, the court is of the opinion that the Magistrate
Judge's Report is due to be and is hereby ADOPTED and the Magistrate Judge's Recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED, and DECREED that all
of Plaintiff's claims in this action, except the excessive force claim against Defendants

Gandy, Samples, Channell, Little, and Williams arising from the July 13, 2011, incident, are
DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b). It is further
ORDERED that the remaining excessive force claim against Defendants Gandy, Samples,
Channell, Little, and Williams is REFERRED to the Magistrate Judge for further
proceedings.
The Clerk is DIRECTED to serve a copy of this order upon Plaintiff.
DONE and ORDERED this

19th

day of June, 2012.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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