Opinion
Civil Action 20-00185-BAJ-EWD
09-01-2022
KEITH THOMPSON v. EDWARD RUSS, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 8), recommending the following.
First, the Magistrate Judge recommends that the Court dismiss the following claims without prejudice to Plaintiffs right to file an Amended Complaint within 21 days of the issuance of this Ruling and Order curing the deficiencies set forth in the Report: (1) Plaintiffs claims for retaliation, conspiracy, and deliberate indifference; (2) Plaintiffs potential claims against Defendant T. Kelly for failure to protect and excessive force; (3) Plaintiffs potential claims against Defendant Shannon DeMars for excessive force. (Id. at p. 14). The Magistrate Judge further recommends that the Court refer this matter to the Magistrate Judge for the screening of any Amended Complaint, (Id.). If Plaintiff fails to adequately amend his Complaint within 21 days of the issuance of this Ruling and Order, the Magistrate Judge recommends that the Court dismiss the above-referenced claims with prejudice. (Id.).
Second, the Magistrate Judge recommends that the Court dismiss the following claims with prejudice pursuant to 28 U.S.C. §§ 1915(e) and 1915A as legally frivolous and for failure to state a claim upon which relief may be granted: (1) Plaintiffs claims for due process arising from the disciplinary proceedings against him; and (2) Plaintiffs claims for monetary damages against Defendants in their official capacities. (Id.).
Third, the Magistrate Judge recommends that the Court deny Plaintiffs request for preliminary injunctive relief without prejudice. (Id.).
Finally, the Magistrate Judge recommends that the Court refer this matter to the Magistrate Judge regarding Plaintiffs remaining claim: Plaintiffs claim for monetary damages against Defendant Edward Russ for excessive force. (Id.).
There are no objections to the Report and Recommendation.
Having carefully considered the underlying Complaint, the Report and Recommendation at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that the following claims are DISMISSED WITHOUT PREJUDICE to Plaintiffs right to file an Amended Complaint curing the deficiencies set forth in the Report within 21 days of the issuance of this Ruling and Order: (1) Plaintiff s claims for retaliation, conspiracy, and deliberate indifference; (2) Plaintiffs potential claims against Defendant T. Kelly for failure to protect and excessive force; (3) Plaintiffs potential claims against Defendant Shannon DeMars for excessive force. (Id. at p. 14).
IT IS FURTHER ORDERED that any Amended Complaint curing the deficiencies set forth by the Magistrate Judge must be filed no later than 21 days from the issuance of this Ruling and Order. If Plaintiff fails to adequately amend his Complaint within 21 days, the Court may dismiss certain claims with prejudice.
Specifically, the Court may dismiss the following claims with prejudice: (1) Plaintiffs claims for retaliation, conspiracy, and. deliberate indifference; (2) Plaintiffs potential claims against Defendant T. Kelly for failure to protect and excessive force; (3) Plaintiffs potential claims against Defendant Shannon DeMars for excessive force.
IT IS FURTHER ORDERED that this matter is REFERRED to the Magistrate Judge for the screening of any Amended Complaint.
IT IS FURTHER ORDERED that the following claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A as legally frivolous and for failure to state a claim upon which relief may be granted: (1) Plaintiffs claims for due process arising from the disciplinary proceedings against him.; and (2) Plaintiffs claims for monetary damages against Defendants in their official capacities.
IT IS FURTHER ORDERED that Plaintiffs request for preliminary injunctive relief is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this matter is REFERRED to the Magistrate Judge regarding Plaintiffs remaining claim: Plaintiffs claim for monetary damages against Defendant Edward Russ for excessive force.