Kellogg v. Woods (INMATE 2), No. 2:2018cv00259 - Document 5 (M.D. Ala. 2018)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 5/23/2018. (wcl, )

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Kellogg v. Woods (INMATE 2) Doc. 5 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DERRICK KELLOGG, ) ) ) ) ) ) ) ) ) Plaintiff, v. WALTER WOODS, Warden, Defendant. CIVIL ACTION NO. 2:18cv259-MHT (WO) OPINION A federal prisoner filed this lawsuit seeking the temporary Prison evacuation Camp of Maxwell; he all prisoners contends from that, due Federal to an infestation of bats and the resulting bat excrement in the prison’s buildings, the prisoners incarcerated there are forced to live and work in unsanitary, unsafe conditions, in violation of the Eighth Amendment. Plaintiff is one among a large group of prisoners who signed on to the lawsuit. See Memorandum of Law (Certificate of Interested Persons) (doc. no. 2-1) at 9-18. This A separate case was opened for each signatory. lawsuit is now before the court on the Dockets.Justia.com recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed without prejudice for failure of plaintiff to comply with a court order and to prosecute this action. to the recommendation. There are no objections After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 23rd day of May, 2018. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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