United States District Court, M.D. Alabama, Northern Division
CLARENCE J. RUTLAND, Plaintiff,
IKE HARRIS, Defendant.
W. KEITH WATKINS, Chief District Judge.
On May 27, 2014, the Magistrate Judge filed a Recommendation in this case. (Doc. # 39.) On June 9, 2014, Plaintiff Clarence Rutland filed a document "[p]ursuant to Rule 60(b), " which the court construes as containing objections to the Recommendation. (Doc. # 40.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objections have been made. See 28 U.S.C. § 636(b)(1).
It is acknowledged that Mr. Rutland's objections purport to introduce "newly discovered" allegations that he has suffered asbestos-related injuries while an inmate at Kilby Correctional Facility. (Doc. # 40, at 4.) Such a claim is not presently before the court. If Mr. Rutland wishes to raise a new claim against an appropriate defendant, he must do so by filing a new civil action.
Upon review of the Magistrate's Recommendation and Mr. Rutland's objections, it is ORDERED as follows:
1. Mr. Rutland's objections (Doc. # 40) are OVERRULED;
2. The Recommendation (Doc. # 39) is ADOPTED;
3. Defendant Ike Harris's motion to dismiss (Doc. # 35) is GRANTED;
4. Mr. Rutland's claims against Defendant Ike Harris are DISMISSED with prejudice;
5. Any outstanding motions are DENIED as moot.
A separate final judgment will ...