Franklin v. The Healthcare Authority for Baptist Health et al (MAG+)

Filing 74

ORDER, JUDGMENT and DECREE of the court that: (1) the plf's 68 objection is overruled; (2) the 65 REPORT AND RECOMMENDATION of the Mag Judge is adopted; (3) the defs' 33 motion to dismiss the Montgomery Police Department as a def is g ranted pursuant to Fed.R.Civ.P. 12(b)(6); (4) the plf's kidnapping claim is DISMISSED as frivolous in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); (5) the defs' 16 , 23 , & 33 motions to dismiss the remaining fed eral claims, including the RICO, § 1985, and HIPAA claims, with prejudice pursuant to Fed.R.Civ.P. 12(b)(6) is GRANTED; (6) the plf's supplemental state law claims are DISMISSED without prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 8/12/10. (djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION N U E CHEER FRANKLIN, ) ) P la in tif f , ) v. ) ) T H E HEALTHCARE AUTHORITY FOR ) B A P T IS T HEALTH, et al.,, ) ) D e f e n d a n ts. ) C A S E NO. 2:09-cv-1075-MEF WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #68) to the Recommendation of the Magistrate J u d g e filed on May 11, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #65) filed on April 15, 2010 is adopted; 3. The defendants' motion to dismiss (Doc. #33-2) the Montgomery Police D e p a rtm e n t as a defendant is GRANTED pursuant to Fed.R.Civ.P. 12(b)(6). 4. The plaintiff's kidnapping claim is DISMISSED as frivolous in accordance with th e provisions of 28 U.S.C. 1915(e)(2)(B)(i). 5 . The defendants' motions to dismiss the remaining federal claims, including the R IC O , 1985, and HIPAA claims, with prejudice pursuant to Fed.R.Civ.P. 12(b)(6) is G R A N T E D (Doc. #16, #23, & #33-2). 6. The plaintiff's supplemental state law claims are DISMISSED without prejudice. D O N E this the 12 day of August, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE th 2

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