C.S. v. Thomas, No. 5:2014cv01022 - Document 21 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION ADOPTING 20 REPORT AND RECOMMENDATIONS. Signed by Judge Abdul K Kallon on 5/3/2016. Copy served on plff on this date. (YMB)
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C.S. v. Thomas Doc. 21 FILED 2016 May-03 AM 08:10 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION C.S., Plaintiff, v. KIM THOMAS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:14-cv-01022-AKK-JEO MEMORANDUM OPINION The magistrate judge filed a report on April 8, 2016, recommending that: (1) the plaintiff’s ADA and Rehabilitation Act claims against the ADOC and defendant Estes for monetary damages be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(e); (2) the plaintiff claims for declaratory and injunctive relief under the ADA and the Rehabilitation Act be dismissed without prejudice; (3) defendant Estes’s motion for summary judgment on the plaintiff’s Eighth Amendment conditions of confinement claims be granted and the claims be dismissed with prejudice; and (4) defendant Estes’s motion for summary judgment on the plaintiff’s Ninth and Thirteenth Amendment claims be granted and the claims be dismissed with prejudice. Doc. 20 at 16-17. The magistrate judge advised the plaintiff of his right to file specific written objections within fourteen (14) days. Id. at 17-18. To date, no objections have been received by the court. Dockets.Justia.com Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. The plaintiff’s ADA and Rehabilitation Act claims against the ADOC and defendant Estes for monetary damages are due to be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(e); the plaintiff’s claims for declaratory and injunctive relief under the ADA and the Rehabilitation Act are due to be dismissed without prejudice; defendant Estes’s motion for summary judgment on the plaintiff’s Eighth Amendment conditions of confinement claims is due to be granted and the claims are due to be dismissed with prejudice; and defendant Estes’s motion for summary judgment on the plaintiff’s Ninth and Thirteenth Amendment claims is due to be granted and the claims are due to be dismissed with prejudice. A Final Judgment will be entered. DONE the 3rd day of May, 2016. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2