Wilson v. Dothan City Jail et al (INMATE 1)

Filing 17

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/2015. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

WILLIE EDD WILSON,
Plaintiff,
v.
DOTHAN CITY JAIL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
1:15cv727-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate
at the Dothan City Jail, filed this lawsuit challenging
the alleged denial of his requests for medical care by
jail staff.

This cause is before the court on the

recommendation of the United States Magistrate Judge
that the plaintiff’s claims against defendant Dothan
City Jail be dismissed from the complaint as frivolous.
There are no objections to the recommendation; however,
following issuance of the recommendation, the plaintiff
filed

a

motion

to

amend

the

complaint

in

which

he

omitted defendant Dothan City Jail from the caption of

the

case,

set

forth

allegations

against

several

additional individual defendants, and did not set forth
any

allegations

independent

and

against
de

novo

the

jail

review

of

itself.
the

After

record,

an

this

court is of the opinion that the recommendation should
be withdrawn as moot, the motion to amend should be
construed, in part, as a notice of voluntary dismissal,
and defendant Dothan City Jail should be dismissed as a
defendant pursuant to Fed. R. Civ. P. 41(a)(1) and (2).
An appropriate judgment will be entered.
DONE, this the 16th day of November, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE