Summary
finding that Plaintiff had "failed to allege any facts upon which the Court could rely to conclude that his transfer [to another prison] constituted an adverse action for purposes of a First Amendment claim."
Summary of this case from Myers v. LeasureOpinion
Case No.2:18-cv-1253
05-28-2019
RICO ISAIH HAIRSTON, Plaintiff, v. ANDREW FULTZ, et al., Defendants.
CHIEF JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Chelsey M. Vascura OPINION AND ORDER
On May 1, 2019, the United States Magistrate Judge issued a Report and Recommendation (ECF No. 20) recommending that Plaintiff Rico Isaih Hairston ("Plaintiff) be permitted to proceed on his individual capacity First and Eighth Amendment claims against Defendant Andrew Fultz ("Defendant Fultz") for his alleged use of mace. In addition, the Report and Recommendation recommended that Plaintiff's claims against Defendant Warden Smith ("Defendant Smith") be dismissed for failure to state a claim pursuant to § 1915(e)(2). The Report and Recommendation advised the parties that failure to object within fourteen days would result in a waiver of review by a District Judge. The time for filing objections has passed, and no objections have been filed to the Report and Recommendation.
Therefore, the Court ADOPTS the Report and Recommendation. (ECF No. 20). Plaintiff is permitted to proceed on his individual capacity First and Eighth Amendment claims against Defendant Fultz. Plaintiff's claims against Defendant Smith are DISMISSED.
IT IS SO ORDERED. 5-28-2019
DATE
/s/ _________
EDMUND A. SARGUS, JR.
CHIEF UNITED STATES DISTRICT JUDGE