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)