Lewis v. Entrekin et al, No. 4:2016cv00254 - Document 13 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND ACCEPTING the Magistrate Judge's 12 REPORT AND RECOMMENDATIONS. The excessive force and denial of medical care claims against Officer Tommy Johnson are REFERRED to Magistrate Judge Harwell G. Davis, III for further proceedings. Signed by Judge Virginia Emerson Hopkins on 11/21/2016. (JLC)
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Lewis v. Entrekin et al Doc. 13 FILED 2016 Nov-21 PM 03:53 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION CHRISTOPHER LAMONT LEWIS, ) ) Plaintiff, ) ) v. ) Case No.: 4:16-cv-00254-VEH-HGD ) SHERIFF TODD ENTREKIN, ) et al., ) ) Defendants. ) MEMORANDUM OPINION AND ORDER The plaintiff has filed a pro se amended complaint pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Constitution or laws of the United States during his incarceration at the Etowah County Detention Center. (Doc. 11). The magistrate judge filed a report and recommendation on October 31, 2016, and issued the following recommendation: [That] all claims in this action, except the excessive force claim and denial of medical care claim against Officer Tommy Johnson, 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. The undersigned FURTHER RECOMMENDS the excessive force and denial of medical care claims against Officer Tommy Johnson be REFERRED to the undersigned for further proceedings. (Doc. 12 at 9-10) (emphasis in original). The time for filing objections to the Dockets.Justia.com recommendation has expired and no objections have been filed by any party. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge’s report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that all claims in this action, except the excessive force claim and denial of medical care claim against Officer Tommy Johnson, are due to be, and hereby are DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1). The excessive force and denial of medical care claims against Officer Tommy Johnson are REFERRED to Magistrate Judge Harwell G. Davis, III for further proceedings DONE this the 21st day of November, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2