Hallman v. Bibb County Correctional Facility et al

Filing 9

ORDER-re: R&R 8 . The magistrate judge's report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. It is ORDERED that all of ptlf's claims against dfts Warden Deborah Toney and Bibb County Correctional Facility are D ISMISSED WITHOUT PREJUDICE. It is further ORDERED that the ptlf's remaining claims, for excessive force under the Eighth Amendment against dfts Klinner, Whitt and Melton are REFERRED to the magistrate judge for further proceedings. Signed by Judge Abdul K Kallon on 9/9/2015. (AVC)

FILED
2015 Sep-09 AM 10:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION

BRADLEY JAMISON HALLMAN,

}
}
Plaintiff,
}
}
v.
}
}
BIBB COUNTY CORRECTIONAL }
}
FACILITY, et al.,
}
}
Defendants.

Case No.:7:14-cv-02315-AKK-JEO

ORDER
The magistrate judge filed a report on July 27, 2015, recommending that
plaintiff’s claims against Warden Deborah Toney and Bibb County Correctional
Facility be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) and
or (2) for failing to state a claim upon which relief can be granted. The magistrate
judge further recommended that plaintiff’s Eighth Amendment claims for
excessive force against defendants Klinner, Whitt and Melton be referred to the
magistrate judge for further proceedings. Although the plaintiff was advised of his
right to file specific written objections, he has failed to respond to the report and
recommendation.
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 hereby is ADOPTED and the
magistrate judge’s recommendation is ACCEPTED. It is therefore ORDERED
that all of plaintiff’s claims against defendants Warden Deborah Toney and Bibb
County Correctional Facility are DISMISSED WITHOUT PREJUDICE
pursuant to 28 U.S.C. § 1915A(b). It is further ORDERED that the plaintiff’s
remaining claims, for excessive force under the Eighth Amendment against
defendants Klinner, Whitt and Melton are REFERRED to the magistrate judge for
further proceedings.
DONE the 9th day of September, 2015.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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