Harris v. Alabama Department of Corrections et al (MAG+), No. 2:2021cv00586 - Document 20 (M.D. Ala. 2022)

Court Description: OPINION AND ORDER: it is ORDERED as follows: (1) The magistrate judge's recommendation (Doc. 18 ) is adopted. (2) The first of plaintiff's amended complaints (Doc. 11 ) is severed from this case, pursuant to Federal Rule of Civil Proce dure 21, and transferred to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. 1404(a) and 1406(a). The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is not closed, and remains pending on plaintiffs remaining complaints. Signed by Honorable Judge Myron H. Thompson on 12/5/2022. (cwl, )

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Harris v. Alabama Department of Corrections et al (MAG+) Doc. 20 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KENDRICK LEE HARRIS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants. CIVIL ACTION NO. 2:22cv586-MHT (WO) OPINION AND ORDER Pursuant to 42 U.S.C. § 1983, plaintiff, a state inmate, filed assaulted by this lawsuit staff or contending inmates at prisons on three separate occasions. that three he was different After the United States Magistrate Judge ordered him to file an amended complaint complaint, to he correct filed deficiencies three about a separate incident. court on the in amended his original complaints, each This lawsuit is before the recommendation of the United States Magistrate Judge that the first of plaintiff’s amended complaints (Doc. 11), which deals with an assault in Dockets.Justia.com the Northern District of Alabama, be severed from the case and transferred to the United States District Court for the Northern District of Alabama. There are no After objections to the recommendation. an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. *** Accordingly, it is ORDERED as follows: (1) The magistrate judge's recommendation (Doc. 18) is adopted. (2) (Doc. The 11) first is of severed plaintiff’s from this amended case, complaints pursuant to Federal Rule of Civil Procedure 21, and transferred to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. §§ 1404(a) and 1406(a). The clerk of the court is DIRECTED appropriate steps to effect the transfer. 2 to take This case is not closed, and remains pending on plaintiff’s remaining complaints. DONE, this the 5th day of December, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 3

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