Coons v. Meeks et al(MAG+)

Filing 26

AMENDED REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) The motion for summary judgment (Doc. 16 ), which the Court construes as a motion for default judgment) be DENIED; (2) The motion to dismiss (Doc. 18 ) be GRANTED in part and DENIE D in part; (3) Plaintiff's claims against Defendant Covington County, Alabama be dismissed with prejudice; (4) Plaintiff's claims against Defendants Meeks and West be dismissed with prejudice except for Plaintiff's § 1983 claim of deliberate indifference to his medical needs, which shall remain pending; (5) The Plaintiff be directed to file, within fourteen days of the adoption of this Recommendation, an amended complaint as to his surviving deliberate indifference claim; (6) Defendants motion to dismiss the claim for deliberate indifference to the Plaintiffs medical needs be denied without prejudice with leave to re-file after the Plaintiff is permitted to amend his complaint; (7) This case be REFERRED BACK to the Magistrate Judge for further appropriate proceedings. Objections to R&R due by 10/29/2010. Signed by Honorable Terry F. Moorer on 10/15/2010. (dmn)

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?