Davis v. Birmingham City Jail
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|Date Filed||#||Document Text|
|October 25, 2017
ORDER 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 in all aspects with the excep tion of the manner in which some of the plaintiff's claims are dismissed. The recommended dismissal of certain claims with prejudice is REJECTED because the claims are due to be dismissed without prejudice. Therefore, the court ORDERS that the p laintiff's request for injunctive and declaratory relief is MOOT. The court FURTHER ORDERS that with the exception of the claims described in numbers 1 through 4 above, all claims against all defendants are DISMISSED WITHOUT PREJUDICE pursuant t o 28 U.S.C.1 The court recognizes this list does not mirror the recommendation section of the magistrate judges report. (Doc. 7 at 26-28 ("Section V")). Nonetheless, the list accurately describes the recommendations made in analysis section. (Id. at 8-26 (Section IV)).§ 1915A(b) for failure to state a claim upon which relief can be granted. Claims 1 through 4 are REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 10/25/2017. (PSM)
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