Carson v. Ivey et al, No. 5:2020cv01151 - Document 12 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION AND ORDER - The Court ADOPTS the Magistrate Judge's report and ACCEPTS the recommendation; the Court DISMISSES WITHOUT PREJUDICE each of plaintiff's claims, except his Eighth Amendment claim; this matter is REFERRED to the Magistrate Judge for Further proceedings as to the remaining claim. Signed by Judge Liles C Burke on 2/5/2021. (AHI)

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Carson v. Ivey et al Doc. 12 FILED 2021 Feb-05 PM 01:55 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MICHAEL CARSON Plaintiff, v. GOVERNOR KAY IVEY, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:20-cv-01151-LCB-SGC MEMORANDUM OPINION AND ORDER On January 19, 2021, U.S. Magistrate Judge Staci G. Cornelius entered a report and recommendation in this matter, recommending Plaintiff Michael Carson’s claims be dismissed without prejudice, save for his Eighth Amendment deliberate indifference claim against Defendants Jefferson Dunn, Scarlette Robinson, Deborah Toney, and William Streeter. (Doc. 11 at 14). The parties were given 14 days to file objections to the report and recommendation. As of the date of this order, no objections have been filed. 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. Accordingly, the Court DISMISSES WITHOUT PREJUDICE each of Carson’s claims, save for his Eighth Amendment deliberate indifference claim against Defendants Dunn, Dockets.Justia.com Robinson, Toney, and Streeter. This matter is REFERRED to the magistrate judge for further proceedings as to the remaining claim. DONE and ORDERED February 5, 2021. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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