Opinion
4:24-cv-00225-LPR-JJV
07-09-2024
CHRISTOPHER WILLINGHAM ADC #161936 PLAINTIFF v. JAMES DOBBS, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE.
The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Joe J. Volpe (Doc. 13). No objections have been filed, and the time for doing so has expired. After a de novo review of the PRD, along with careful consideration of the entire case record, the Court hereby approves and adopts the PRD in its entirety as this Court's findings and conclusions in all respects.
Accordingly, Plaintiff may proceed with his individual-capacity claims against Defendants Strom, Dobbs, and Wilkerson alleging punishment without due process of law, retaliation for filing grievances, use of excessive force, failure to protect from that use of force, and denial of adequate medical care for his injuries. All other claims are DISMISSED without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. The Court also wishes to make clear that many of the claims described in the first sentence of this paragraph are being allowed through screening only out of an extreme abundance of caution. The Court would not be surprised if a strong motion to dismiss knocked out many of these claims.
This includes, but is by no means limited to, the failure to protect claim detailed in the carryover paragraph from pages 2-3 of the PRD.
IT IS SO ORDERED.