Mays v. McLaurin et al, No. 2:2016cv00051 - Document 19 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION AND ORDER The magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all claims in this matter, except the excessive force claim against Officer McLaurin, are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the remaining excessive force claim against Officer McLaurin is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 12/20/16. (SAC ) *Memo Op and Order placed in first class mail to pro se Plaintiff.
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Mays v. McLaurin et al Doc. 19 FILED 2016 Dec-20 AM 10:29 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICAH MAYS, Plaintiff, v. CORRECTIONAL OFFICER McLAURIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-00051-KOB-JHE MEMORANUM OPINION AND ORDER The magistrate judge entered a report on November 28, 2016, recommending that all claims in this matter, except the excessive force claim against Officer McLaurin, be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief can be granted. (Doc. 16). The magistrate judge further recommended that the remaining excessive force claim against Officer McLaurin be referred back to the magistrate judge for further proceedings. (Id. at 8). Although the magistrate judge advised the plaintiff of his right to file specific written objections within fourteen days, no objections have been filed with the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report Dockets.Justia.com is hereby ADOPTED and the recommendation is ACCEPTED. The court ORDERS that all claims in this matter, except the excessive force claim against Officer McLaurin, are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The court further ORDERS that the remaining excessive force claim against Officer McLaurin is REFERRED to the magistrate judge for further proceedings. DONE and ORDERED this the 20th day of December, 2016. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2