Powell v. Thomas et al

Filing 7

ORDER 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 all cl aims in this action, except the Eighth Amendment excessive force claims against defendant Lieutenant Terry Thomas in his individual capacity, and the Fourteenth Amendment due process claims against Lieutenant Terry Thomas, Captain John Hutton and War den Willie Bennett for placing the plaintiff in disciplinary segregation are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the remaining claims are REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 12/1/2017. (PSM)

FILED
2017 Dec-01 PM 02:13
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CARL ADONIS POWELL, JR.,
Plaintiff,
v.
TERRY THOMAS, et al.,
Defendants.

)
)
)
)
) Case No.: 7:17-cv-00117-LSC-HNJ
)
)
)
)
ORDER

The magistrate judge entered a report on October 27, 2017, recommending
all claims in this action, except the Eighth Amendment excessive force claims
against defendant Lieutenant Terry Thomas in his individual capacity, and the
Fourteenth Amendment due process claims against Lieutenant Terry Thomas,
Captain John Hutton and Warden Willie Bennett for placing the plaintiff in
disciplinary segregation, be dismissed without prejudice pursuant to 28 U.S.C. §
1915A(b) for failing to state a claim upon which relief can be granted. (Doc. 6 at
24). The magistrate judge further recommended the plaintiff’s remaining claim(s)
be referred back to the magistrate judge for further proceedings. (Id. at 24-25).
Although the magistrate judge advised the plaintiff of his right to file specific
written objections within fourteen (14) days, no objections have been received by
the court.

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 all claims in this action, except the Eighth Amendment excessive
force claims against defendant Lieutenant Terry Thomas in his individual capacity,
and the Fourteenth Amendment due process claims against Lieutenant Terry
Thomas, Captain John Hutton and Warden Willie Bennett for placing the plaintiff
in disciplinary segregation are DISMISSED WITHOUT PREJUDICE pursuant
to 28 U.S.C. § 1915A(b). The court further ORDERS that the remaining claims
are REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED on December 1, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

2