Opinion
CIVIL ACTION NO. 5:12-CV-354 (MTT)
11-20-2012
COLBY JEROME HALE, Plaintiff, v. HOUSTON COUNTY JAIL, et al., Defendants.
ORDER
Before the Court is Magistrate Judge Charles H. Weigle's Recommendation (Doc. 11) regarding the Plaintiff's civil rights Complaint (Doc. 1) filed pursuant to 42 U.S.C. § 1983. The Magistrate Judge recommends that the Plaintiff's excessive force claim against Defendant Sergeant Ryan Burleson be allowed to proceed beyond frivolity review, and to that end the Magistrate Judge has ordered that Defendant Burleson be served with and answer the Complaint. However, the Magistrate Judge recommends that all of the Plaintiff's remaining claims be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). The Plaintiff did not object to the Magistrate Judge's Recommendation.
The Court has reviewed the Recommendation and the Plaintiff's Complaint. The Recommendation is adopted and made the ORDER of the Court. The Plaintiff's excessive force claim against Defendant Burleson will proceed as ordered by the Magistrate Judge. All of the Plaintiff's remaining claims against the other named parties are dismissed without prejudice.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT