Irvin v. Thomas et al

Filing 13

ORDER- The court is of the opinion that the magistrate judge's report is due to be and is ADOPTED and the recommendation is ACCEPTED; It is ORDERED, ADJUDGED, and DECREED that all of pltf's claims in this action against defts Willie Thomas, Deborah Toney, John Hutton, Reosha Butler, KessyBell, Lee Cook, Sgt. Marshbanks, and Bryan Parker are DISMISSED pursuant to28 U.S.C. § 1915A(b); It is further ORDERED that the remaining claim, fordeliberate indifference under the Eighth Amendment against defendant JulieSanders, is REFERRED to the magistrate judge for further proceedings. Signed by Judge Sharon Lovelace Blackburn on 8/10/15. (MRR )

FILED
2015 Aug-11 AM 10:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
FRANKLIN IRVIN,
Plaintiff,
v.
WILLIE THOMAS, et al.,
Defendants.

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Case No. 7:14-cv-00660-SLB-JEO

ORDER
The magistrate judge filed a Report and Recommendation on July 6, 2015,
recommending that the plaintiff’s claims against defendants Willie Thomas,
Deborah Toney, John Hutton, Reosha Butler, Kessy Bell, Lee Cook, Sgt.
Marshbanks, and Bryan Parker be dismissed, pursuant to 28 U.S.C. § 1915A(b)(1)
and/or (2). The magistrate judge further recommended that the plaintiff’s Eighth
Amendment claims based on deliberate indifference against defendant Julie
Sanders be referred to him for further proceedings. No objections have been filed.
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 against

defendants Willie Thomas, Deborah Toney, John Hutton, Reosha Butler, Kessy
Bell, Lee Cook, Sgt. Marshbanks, and Bryan Parker are DISMISSED pursuant to
28 U.S.C. § 1915A(b). It is further ORDERED that the remaining claim, for
deliberate indifference under the Eighth Amendment against defendant Julie
Sanders, is REFERRED to the magistrate judge for further proceedings.
DONE this the 10th day of August, 2015.

SHARON LOVELACE BLACKBURN
SENIOR UNITED STATES DISTRICT JUDGE