Opinion
Civil Action 21-00203-JB-B
10-18-2021
THERON RILEY, JR., Plaintiff, v. STEVE BILLY, et al., Defendants.
ORDER
JEFFREY U. BEAVERSTOCK, CHIEF UNITED STATES DISTRICT JUDGE.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Riley's claim for relief under criminal laws be dismissed with prejudice as frivolous; that Riley's claims against Defendants Jeffrey White, Todd Stern, and Steve Billy for failure to intervene and failure to report assault be dismissed with prejudice as frivolous; that Riley's claim against Defendant Billy for withdrawing the plea agreement be dismissed with prejudice as frivolous; that Riley's claims against Defendants Richard Hetrick and Melissa Floyd for failure to report the assault as a crime be dismissed with prejudice as frivolous; that Riley's claim against Defendants Richard Hetrick and Melissa Floyd for failure to intervene be dismissed without prejudice for failure to state a claim upon which relief can be granted; and that Riley's claim against Defendant Hetrick for forcing the administration of Thorazine shots upon him will proceed in this action.
DONE and ORDERED.