Jones v. Kilby Correctional Facility et al (INMATE 2), No. 2:2014cv00901 - Document 12 (M.D. Ala. 2014)

Court Description: OPINION AND ORDER as follows: (1) The 9 Recommendation of the United States Magistrate Judge is adopted. (2) Plaintiffs claims against defendants KilbyCorrectional Facility and the Alabama Department of Corrections are dismissed with prejudice, and these defendants are terminated as parties. (3) Plaintiffs claims against defendants Warden Billups, Warden Clay, and inmate Daniel Thomas are dismissed without prejudice, and these defendants are terminated as parties.(3) Plaintiffs complaint shall be construed as naming only correctional officers Young and Hardy as defendants. (4) This case is referred back to the magistrate judge for additional proceedings. Signed by Honorable Judge Myron H. Thompson on 11/6/2014. (dmn, )

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Jones v. Kilby Correctional Facility et al (INMATE 2) Doc. 12 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TYRUS JONES, # 287250, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. KILBY CORRECTIONAL FACILITY, et al., Defendants. CIVIL ACTION NO. 2:14cv901-MHT (WO) OPINION AND ORDER Pursuant to 42 U.S.C. § 1983, plaintiff filed this lawsuit asserting that prison officials protect him from an inmate assault. now before the court on the failed to This lawsuit is recommendation of the United States Magistrate Judge that several defendants be dismissed. recommendation. review of the There are After an record, no objections independent the court and to the de novo concludes that magistrate judge’s recommendation should be adopted. Dockets.Justia.com Accordingly, it is ORDERED as follows: (1) The recommendation of the United States defendants Kilby Magistrate Judge (doc. no. 9) is adopted. (2) Plaintiff’s Correctional Corrections claims Facility are and dismissed against the with Alabama Department prejudice, and of these defendants are terminated as parties. (3) Billups, Plaintiff’s claims against defendants Warden Warden Clay, and inmate Daniel Thomas are dismissed without prejudice, and these defendants are terminated as parties. (3) Plaintiff’s complaint shall be construed as naming only correctional officers Young and Hardy as defendants. (4) This case is referred back to the magistrate judge for additional proceedings. DONE, this the 6th day of November, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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