Opinion
Civil Action 23-0771
09-13-2023
CARL P. BENTLEY v. ALLEN KUPP
SECTION P
KAYLA D. MCCLUSKY, MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 9] previously filed herein, having thoroughly reviewed the record, noting the lack of objection, and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Carl P. Bentley's procedural due process claim [Doc. Nos. 1, 8] and request for a transfer are DISMISSED as frivolous and for failing to state claims on which relief may be granted.
IT IS FURTHER ORDERED that Plaintiff's claim for excessive force against Warden Kupp is retained.