United States District Court, N.D. Alabama, Middle Division
MADELINE HUGHES HAIKALA, U.S. DISTRICT JUDGE
September 20, 2016, the presiding magistrate judge, pursuant
to 28 U.S.C. § 1915A(b)(1), entered a report in which he
recommended that the Court dismiss without prejudice the
following claims for failure to state a claim upon which
relief can be granted:
1. Mr. Doss's supervisory liability claims against
Sergeant C. Hamilton based on the June 6, 2015 assault;
2. Mr. Doss's Eighth Amendment medical claims against the
Alabama Board of Nursing;
3. Mr. Doss's Eighth Amendment medical claims against
Medical Administrator C. G. Wheat;
4. Mr. Doss's Eighth Amendment medical claims against Dr.
Wilson based on Mr. Doss's eye condition and requests for
an EKG in June 2015; and
5. Mr. Doss's Eighth Amendment medical claims against
Medical Administrator Edwina Hamby.
(Doc. 37, p. 16).
magistrate judge recommended that the Court return the
following claims to the magistrate judge for further
1. Mr. Doss's Eighth Amendment failure to protect claims
against Officer Brian Fife based on the June 6, 2015 assault;
2 Mr. Doss's Eighth Amendment medical care claims against
Dr. Wilson and Nurse Practitioner Thomas concerning Mr.
Doss's complaints of blood draining from his left ear;
3. Mr. Doss's Eighth Amendment excessive force and denial
of medical care claims against Sergeant C. Hamilton arising
out of events which occurred on October 28, 2015.
(Doc. 37, pp. 16-17).
magistrate judge advised Mr. Doss of his right to file
specific written objections within 14 days. (Doc. 37, pp.
17-18). On October 6, 2016, an inmate advocate filed
objections on Mr. Doss's behalf. (Doc. 39). On October
24, 2017, the Court entered an order explaining why the Court
cannot attribute the inmate advocate's objections to Mr.
Doss. (Doc. 44). The Court gave Mr. Doss an opportunity to
adopt the inmate advocate objections as his own by submitting
a signed notice. (Doc. 44, p. ...