United States District Court, S.D. Alabama, Southern Division
September 26, 2014
DRAPER FRANK WOODYARD, Plaintiff,
ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants.
WILLIAM H. STEELE, Chief District Judge.
This matter is before the Court on the report and recommendation ("R&R") of the Magistrate Judge and the objections of the plaintiff thereto. (Docs. 67, 69). After due and proper consideration of all portions of the file deemed relevant to the issues raised, and after de novo review of the petitioner's objections, the R&R made under 28 U.S.C. § 636(b)(3) and dated August 22, 2014 is adopted as the opinion of the Court.
Accordingly, it is ordered that:
1. The defendants' motion for summary judgment, (29-31), is denied as to the plaintiff's Eighth Amendment failure-to-protect claim against defendant David Leggett in his individual capacity;
2. The defendants' motion for summary judgment is granted as to all other claims, which are dismissed with prejudice; and
3. The plaintiff's motion for order of judgment, (Doc. 47), construed as a motion for sanctions, is denied.