Lawrence v. Moore et al

Filing 15

ORDER ADOPTING the 12 REPORT AND RECOMMENDATIONS. Plaintiff's claims for injunctive relief is dismissed with prejudice as frivolous. Defendants Virgil Chapman, Renatta Chapman, Faye Shaper, Edward Wright, Carl Ollison, Lou Thomas are dismisse d. The claim against Bobby Moore for denial of priviledges is dismissed. Service of process shall proceed with respect to Defendants Moore and Penny on the denial of dental treatment claim. Signed by Judge William H. Steele on 12/9/09. Copy mailed to plaintiff & ADOC. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KEITH AQUIA LAWRENCE, Plaintiff, vs. BOBBY MOORE, et al., Defendants. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, no objections filed, the Report and and there having been Recommendation of the CIVIL ACTION 08-0277-WS-B Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii): 1. The claims for injunctive relief be DISMISSED with prejudice as frivolous; 2. Defendant Virgil Chapman be DISMISSED without prejudice because the claims against him fail to state a claim upon which relief can be granted or are frivolous; 3. Defendant Renatta Chapman be DISMISSED without prejudice because the claims against her fail to state a claim upon which relief can be granted; 4. Defendant Faye Shaper be DISMISSED because the deprivation of property claim against her is due to be dismissed with prejudice as frivolous and the access-to-courts claims against her are due to be dismissed without prejudice for failure to state a claim upon relief can be granted; 5. Defendant Edward Wright be DISMISSED with prejudice because the claims against him are frivolous; 6. Defendant Carl Ollison be DISMISSED without prejudice as the claim against him fails to state a claim upon which relief can be granted; 7. Defendant Lou Thomas be DISMISSED with prejudice because the claims against him are frivolous; and 8. Plaintiff's claim against Defendant Bobby Moore for denial of privileges be DISMISSED with prejudice because the claim is frivolous. Plaintiff's denial of dental treatment claim against Defendants Moore and Penny shall proceed. The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the Report and Recommendation recommending the dismissal of various Defendants, this Order adopting the Report and Recommendation, and the Judgment dismissing Defendants Virgil Chapman, Renatta Chapman, Faye Shaper, Edward Wright, Carl Ollison and Lou Thomas. DONE this 9th day of December, 2009. s/WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

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