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Presley v. Scott

United States District Court, N.D. Alabama, Middle Division

December 15, 2014

GEORGE WALTER PRESLEY, Plaintiff,
v.
LATONYA SCOTT, et al., Defendants.

ORDER

L. SCOTT COOGLER, District Judge.

The magistrate judge filed a report and recommendation on September 5, 2014, recommending that the following claims be dismissed as frivolous, for seeking monetary relief from a defendant who is immune from such relief, or for failing to state a claim upon which relief may be granted, pursuant to 28 U.S.C. ยง 1915A(b)(1) and/or (b)(2):

1. The plaintiff's claims against the Alabama Department of Corrections;
2. The plaintiff's claims against the defendants in their official capacities for monetary relief;
3. The plaintiff's supervisory claims against Defendants Bentley and Thomas;
4. The plaintiff's claims against the defendants for violation of administrative regulations;
5. All claims against Defendant Ossie Brown;
6. The plaintiff's First Amendment retaliation claim against Defendant Scott;
7. The plaintiff's claims against the defendants pursuant to the Religious Freedom Restoration Act;
8. The plaintiff's Fourteenth Amendment equal protection claims against Defendants Scott, McDowell, Sanders, and Davenport;
9. The plaintiff's Fourteenth Amendment access to courts claims;
10. The plaintiff's Fourteenth Amendment due process claims;
11. The plaintiff's Fifth Amendment claims;
12. The plaintiff's conspiracy claims;
13. The plaintiff's claims against the defendants for violation of the stipulation in Limbaugh v. Thompson, et al., Case No. 2:93-cv-1404-ID (M.D. Ala.), Native American Prisoners of Alabama - Turtle Wind Clan v. State of Alabama, Case No. 2:96-cv-554-WHA (M.D. Ala.), and the settlement agreement in Presley v. Edwards, Case No. 2:04-cv-729-WKW (M.D. Ala.);
14. The plaintiff's state law fraud claims; and
15. The plaintiff's claims under federal criminal statutes and for felonious injury.

(Doc. 10).

The magistrate judge further recommended that the following claims be referred to the magistrate judge for further proceedings:

1. The plaintiff's First Amendment free exercise claims against Defendants Scott, McDowell, Sanders, and Davenport;
2. The plaintiff's claims pursuant to the Religious Land Use and Institutionalized Persons Act against Defendants Scott, McDowell, Sanders, and Davenport;
3. The plaintiff's claims pursuant to the Alabama Religious Freedom Amendment against Defendants Scott, McDowell, Sanders, and Davenport;
4. The plaintiff's state law claims for conversion against Defendants Scott, McDowell, Sanders, and Davenport with regard to the confiscation and destruction of his medicine bag only;
5. The plaintiff's state law claims for wantonness against Defendants Scott, McDowell, Sanders, and Davenport with regard to the confiscation and ...

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