United States District Court, S.D. Alabama, Southern Division
November 13, 2014
ZACHERY WILSON, Plaintiff,
EMILY WHITTLE, et al., Defendants.
CHARLES R. BUTLER, Jr., Senior District Judge.
After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that Plaintiff Zachery Wilson's claims for Eighth Amendment conditions of confinement against Defendant Whittle, and his claims for supervisory liability and due process violations as alleged against Defendants Meyers, Howard and Fails be and are hereby DISMISSED without prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The remaining of Plaintiff's claims for excessive force and medical care claims shall be allowed to proceed with service.