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15-2167 - Blair v. Gentree et al


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15-2167 - Blair v. Gentree et al
August 26, 2016
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c boxes, broken and rusted sprinkler heads, and paper on the ceilings which pose a fire hazard violate his Eighth Amendment right against cruel and unusual punishment, all proceed against Defendants Gentry, Lee, Black, and Hammick, and that these claMAGISTRATE JUDGE'S REPORT AND RECOMMENDATION For the reasons stated within, the undersigned RECOMMENDS all claims in this action, except for the Eighth Amendment claim stated below, be DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief can be granted. The undersigned RECOMMENDS the plaintiff's claim that the conditions in the Cullman County Jail relating to overcrowding, presence of black mold, missing covers on electriims be REFERRED to the undersigned for further proceedings. Any objections must be filed with the Clerk of Court within fourteen calendar days from the date the report and recommendation is entered. Signed by Magistrate Judge T Michael Putnam on 8/26/16. (SAC ) *R&R placed in first class mail to pro se Plaintiff.
September 28, 2016
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ORDER re 46 Magistrate Judge's Report and Recommendations- Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. The court ORDERS that the plaintiff's claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief can be granted, EXCEPT specific claims related to the plaintiff's conditions of confinement under the Eighth Amendment. The court ORDERS that the plaintiff's Eighth Amendment conditions of confinement claims against defendants Gentry, Lee, Black, and Hammick concerning conditions at Cullman County Jail relating to overcrowding, the presence of black mold, missing covers on electric boxes, broken and rusted sprinkler heads, and paper on the ceilings which pose a fire hazard are REFERRED to the magistrate judge for further proceedings. As for re 45 Motion Requesting Special Review, it is DENIED as MOOT for the reasons as stated within. Signed by Chief Judge Karon O Bowdre on 9/28/16. (SAC ) *Order placed in first class mail to pro se Plaintiff.