Vandergrift v. Hutton et al

Filing 9

MEMORANDUM OPINION. Signed by Judge R David Proctor on 11/6/2017. (KAM)

FILED
2017 Nov-06 PM 02:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
EDDIE VANDERGRIFT,
Plaintiff,
v.
CAPTAIN JOHN HUTTON, et al.,
Defendants.

}
}
}
}
}
}
}
}
}

Case No.: 7:17-cv-00235-RDP-JEO

MEMORANDUM OPINION
On October 17, 2017, the Magistrate Judge’s Report and Recommendation was entered
and the parties were allowed fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge.1 The
court further ACCEPTS the recommendations of the Magistrate Judge that all claims in this
action, except the Eight Amendment claim against Captain John Hutton, be dismissed without
prejudice for failing to state a claim upon which relief can be granted. Accordingly, Defendant
Warden Willie Thomas is due to be dismissed without prejudice from this case. The remaining
remaining claim against Defendant Captain John Hutton is referred to Magistrate Judge John Ott
for further proceedings.
A separate order in accordance with the Memorandum Opinion will be entered.

The court notes the scrivener’s errors on page 12 of the Report and Recommendation (Doc. # 8) and replaces the
name “Bolling” for “Thomas.”
1

DONE and ORDERED this November 6, 2017.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE