Simon v. Alabama Department of Corrections et al (INMATE1)

Filing 58

ORDER: It is ORDERED AND ADJUDGED as follows: 1. That the 56 Recommendation of the Magistrate Judge is ADOPTED. 2. That the defendants' motion for summary judgment is GRANTED and judgment is granted in favor of the defendants. 3. That this case is DISMISSED without prejudice. 4. Costs are taxed against the plaintiff. Signed by Hon. Chief Judge Mark E. Fuller on 3/28/2011. (dmn)

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-CSC Simon v. Correctional Medical Services, Inc., et al (INMATE1) Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION FRANKLIN DELANO SIMON, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:08-cv-0562-MEF WO ORDER On January 28, 2011, the Magistrate Judge filed a Recommendation (Doc. #56) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED AND ADJUDGED as follows: 1. That the Recommendation of the Magistrate Judge is ADOPTED. 2. That the defendants' motion for summary judgment is GRANTED and judgment is granted in favor of the defendants. 3. That this case is DISMISSED without prejudice. 4. Costs are taxed against the plaintiff. DONE this the 28 day of March, 2011. th /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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