Owens v. Correctional Medical Services et al (INMATE 1)

Filing 21

ORDER AND OPINION; that the Recommendation of the Magistrate Judge beand is hereby ADOPTED and that: 1. The plaintiff's claims against the Alabama Department of Correction is DISMISSED with prejudice as further set out. 2. The Alabama Department of Correction is DISMISSED as a defendant in this cause of action. 3. The plaintiff's challenges to the constitutionality of the medical treatment provided to him during his incarceration at the Southeast Correctional Center in Basile, Louisian a and the private correctional facility in Perry County, Alabama are DISMISSED without prejudice. 4. Defendants Copes and Stridel are DISMISSED as parties to this cause of action. 5. This case, with respect to the allegations set forth against the remaining defendants, are referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 9/29/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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O w e n s v. Correctional Medical Services et al (INMATE 1) D o c . 21 IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R A Y M O N D P. OWENS, #214918, ) ) P l a in tif f , ) ) v. ) ) C O R R E C T I O N A L MEDICAL SERVICES, ) e t al., ) ) D e f e n d a n ts . ) C IV IL ACTION NO. 2:10cv652-TMH O R D E R AND OPINION O n September 9, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 7). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e plaintiff's claims against the Alabama Department of Correction is D IS M IS S E D with prejudice pursuant to the directives of 28 U.S.C. 1 9 1 5 (e )( 2 )( B )( I) . 2. T h e Alabama Department of Correction is DISMISSED as a defendant in this c a u se of action. 3. T h e plaintiff's challenges to the constitutionality of the medical treatment p ro v id e d to him during his incarceration at the Southeast Correctional Center Dockets.Justia.com in Basile, Louisiana and the private correctional facility in Perry County, A la b a m a are DISMISSED without prejudice. 4. D e f en d a n ts Copes and Stridel are DISMISSED as parties to this cause of a c ti o n . 5. T h is case, with respect to the allegations set forth against the remaining d e f e n d a n ts, are referred back to the Magistrate Judge for appropriate p ro c e e d in g s . Done this the 29 th day of September, 2010. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE 2

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