Henderson v. Southern Health Partners et al (INMATE 2)

Filing 15

ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 5 ) is ADOPTED; 2. Plaintiff's complaint against Defendant Officer Tumby is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); 3. Plaintiff's complain t against Defendants Southern Health Partners, Tony Helms, James Kelly, and Commander Dillon is DISMISSED without prejudice under 28 U.S.C. § 1915(e) 2)(B)(ii); 4. The Clerk of the Court shall terminate Defendants Officer Tumby, Southern Health Partners, Tony Helms, James Kelly, and Commander Dillon as parties to the complaint; and 5. This case regarding the remaining Defendant, Nurse Jasmine Andrews, is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 12/13/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
SOLOMON L. HENDERSON,
Plaintiff,
v.
SOUTHERN HEALTH
PARTNERS, et al.,
Defendants.

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CASE NO. 1:16-CV-881-WKW
[WO]

ORDER
On November 17, 2016, the Magistrate Judge filed a Recommendation (Doc.
# 5) to which no timely objections have been filed. Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED as
follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 5) is
ADOPTED;

2.

Plaintiff’s complaint against Defendant Officer Tumby is DISMISSED
with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i);

3.

Plaintiff’s complaint against Defendants Southern Health Partners,
Tony Helms, James Kelly, and Commander Dillon is DISMISSED
without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii);

4.

The Clerk of the Court shall terminate Defendants Officer Tumby,
Southern Health Partners, Tony Helms, James Kelly, and Commander
Dillon as parties to the complaint; and

5.

This case regarding the remaining Defendant, Nurse Jasmine Andrews,
is referred back to the Magistrate Judge for further proceedings.

DONE this 13th day of December, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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