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Rutland v. Harris

United States District Court, M.D. Alabama, Northern Division

June 17, 2014

CLARENCE J. RUTLAND, Plaintiff,
v.
IKE HARRIS, Defendant.

ORDER

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. ยง 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 be entered.


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