Parris et al v. Correctional Medical Services, Inc. et al (MAG+)

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATION of the Mag Judge; ORDERING as follows: (1) plfs' 20 motion to remand, 38 second motion for remand; and 38 motion for directed verdict are DENIED; (2) defendants' 6 motion to dismiss is GRANTED, and this case is DISMISSED; (3) final judgment will be entered accordingly. Signed by Honorable W. Harold Albritton, III on 3/23/11. (djy, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

CURTIS and RITA PARRIS, Plaintiffs, vs. CORRECTIONAL MEDICAL SERVICES, et al., Defendants.

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CIVIL ACTION NO. 2:10cv225-WHA (WO)

ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #44), entered on March 8, 2011. No timely objection having been filed, and after a review of this case, the court adopts the Recommendation of the Magistrate Judge that Plaintiffs' Motion to Remand (Doc. #20) should be denied, and that the Defendants' Motion to Dismiss (Doc. #6) be granted. Furthermore, the court has considered Plaintiffs' Motion to Remand (Second) or, in the Alternative, Plaintiffs' Motion for Directed Verdict (Doc. #38), and finds that the same reasoning contained in the Recommendation dictates that these motions also be denied. Therefore, it is hereby ORDERED as follows: 1. Plaintiffs' Motion to Remand (Doc. #20), Plaintiffs' Motion for Remand (Second) (Doc. #38), and Plaintiffs' Motion for Directed Verdict (Doc. #38) are DENIED. 2. Defendants' Motion to Dismiss (Doc. #6) is GRANTED, and this case is DISMISSED. 3. Final Judgment will be entered accordingly. DONE this 23rd day March, 2011.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE