Woodyard v. Alabama Department of Corrections et al

Filing 71

ORDER ADOPTING 67 the REPORT AND RECOMMENDATIONS. It is ordered that Defendants motion for summary judgment be DENIED as to plaintiff's Eighth Amendment failure-to-protect claim against defendant David Leggett in his individual capacity and GRANTED as to all other claims, which are dismissed with prejudice. The Motion for Oder of Judgment (Doc. 47), construed as a motion for sanctions is DENIED. The 70 MOTION to Amend Objection to R&R is granted in part denied in part. Signed by Chief Judge William H. Steele on 9/26/2014. Copy mailed to Plaintiff. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DRAPER FRANK WOODYARD,
)
)
Plaintiff,
)
)
v.
) CIVIL ACTION 12-0566-WS-N
)
ALABAMA DEPARTMENT OF
)
CORRECTIONS, et al.,
)
)
Defendants.
)
ORDER
This matter is before the Court on the report and recommendation (“R&R”) of the
Magistrate Judge and the objections of the plaintiff thereto. (Docs. 67, 69).1 After due
and proper consideration of all portions of the file deemed relevant to the issues raised,
and after de novo review of the petitioner’s objections, the R&R made under 28 U.S.C. §
636(b)(3) and dated August 22, 2014 is adopted as the opinion of the Court.
Accordingly, it is ordered that:
1. The defendants’ motion for summary judgment, (29-31), is denied as to the
plaintiff’s Eighth Amendment failure-to-protect claim against defendant David Leggett in
his individual capacity;
2. The defendants’ motion for summary judgment is granted as to all other
claims, which are dismissed with prejudice; and
3. The plaintiff’s motion for order of judgment, (Doc. 47), construed as a motion
for sanctions, is denied.
DONE and ORDERED this 26th day of September, 2014.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
1

The plaintiff has filed a motion to amend his objection. (Doc. 70). To the extent the
plaintiff seeks to clarify that he does not object to the grant of summary judgment as to defendant
Givens, (id. at 2), the motion is granted. To the extent the plaintiff seeks leave to file future,
additional objections to the R&R, or seeks any other relief, the motion is denied.