Cannon v. Thomas et al

Filing 11

ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. The court ORDERS that the plaintif fs Eighth Amendment failure to protect claims against defendants Bentley, Dunn, Thomas, Toney, Bennett, Hutton, Johnson, and Walker and his Fourteenth Amendment due process claim against defendant Sealey are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the plaintiffs Eighth Amendment failure to protect claims against defendants Allen and Bryant are REFERRED to the magistrate judge for further proceedings.. Signed by Judge L Scott Coogler on 8/9/2017. (PSM)

FILED
2017 Aug-09 PM 02:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

COREY LEMAR CANNON,
Plaintiff,
v.
WARDEN WILLIE THOMAS, et al.,
Defendants.

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Case No. 7:16-cv-01343-LSC-HNJ

ORDER
The magistrate judge entered a report on July 13, 2017, recommending the
plaintiff’s Eighth Amendment failure to protect claims against defendants Bentley,
Dunn, Thomas, Toney, Bennett, Hutton, Johnson, and Walker and the plaintiff’s
Fourteenth Amendment due process claim against defendant Sealey be dismissed
without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim
upon which relief can be granted.

(Doc. 10).

The magistrate judge further

recommended the plaintiff’s Eighth Amendment failure to protect claims against
defendants Allen and Bryant be referred to the magistrate judge for further
proceedings. (Id.). Although the magistrate judge advised the plaintiff of his right
to file specific written objections within fourteen (14) days, the plaintiff has not
filed any objections. (Id. at 11-12).

Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED.

The court

ORDERS that the plaintiff’s Eighth Amendment failure to protect claims against
defendants Bentley, Dunn, Thomas, Toney, Bennett, Hutton, Johnson, and Walker
and his Fourteenth Amendment due process claim against defendant Sealey are
DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1).
The court further ORDERS that the plaintiff’s Eighth Amendment failure to
protect claims against defendants Allen and Bryant are REFERRED to the
magistrate judge for further proceedings.
DONE and ORDERED on August 9, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

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