Carthen v. Baptist South Medical Center et al(INMATE 1)

Filing 33

ORDER re 32 Report and Recommendation directing that the Recommendation is ADOPTED as follows: (1) Defendant Jerry Gurley's 20 Motion to Dismiss is GRANTED; (2) Plaintiff's claims against Defendant Jerry Gurley are DISMISSED without prejudice for lack of subject matter jurisdiction; and (3) The case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable William Keith Watkins on 3/11/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

-TFM Carthen v. Baptist South Medical Center et al (MAG+)

Doc. 33

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TREMANE D. CARTHEN, Plaintiff, v. BAPTIST SOUTH MEDICAL CENTER, et al., Defendants. ) ) ) ) ) ) ) ) )

CASE NO. 2:10-CV-281-WKW [WO]

ORDER On February 23, 2011, the Magistrate Judge filed a Report and Recommendation in this case to which no timely objections have been filed. (Doc. # 32.) Upon an independent review of the file in this case and upon consideration of the Recommendation it is ORDERED that the Recommendation is ADOPTED as follows: (1) Defendant Jerry Gurley's Motion to Dismiss (Special Appearance) (Doc. # 20) is GRANTED; (2) Plaintiff's claims against Defendant Jerry Gurley are DISMISSED without prejudice for lack of subject matter jurisdiction; and (3) The case is referred back to the Magistrate Judge for additional proceedings. DONE this 11th day of March, 2011. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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