Landrum v. Jones (INMATE2)

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATION. Defendant's 22 Motion for Summary Judgment on Plaintiff's Eighth Amendment claim is GRANTED, and the Eighth Amendment claim is DISMISSED with prejudice. Plaintiff's supplemental state law claim is DISMISSED without prejudice, pursuant to 28 U.S.C. 1367(c)(3). Costs are TAXED against Plaintiff. Signed by Honorable William Keith Watkins on 1/5/2010. (dmn)

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O H N N Y LANDRUM, P l a in tif f , v. D R . JOHN ALLEN JONES, D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:07-CV-495-WKW[WO]

ORDER O n November 23, 2009, the Magistrate Judge filed a Recommendation in this case (D o c . # 32), to which no objections were filed. Upon independent review of the record, and u p o n consideration of the Recommendation, it is ORDERED as follows: (1 ) (2) T h e Recommendation of the Magistrate Judge (Doc. # 32) is ADOPTED; D e f e n d a n t's motion for summary judgment (Doc. # 22) on Plaintiff's Eighth

A m e n d m e n t claim is GRANTED, and the Eighth Amendment claim is DISMISSED with p r e ju d ic e ; (3 ) P la in tif f 's supplemental state law claim is DISMISSED without prejudice,

p u rs u a n t to 28 U.S.C. § 1367(c)(3); and (4) costs are TAXED against Plaintiff.

DONE this 5th day of January, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE