Barley v. Jamison et al (INMATE1)

Filing 51

ORDER adopting the 48 Recommendations; granting the 47 Motion to Dismiss; dismissing claims against Nurse Parker and Nurse Austin without prejudice; dismissing Nurse Parker and Nurse Austin as defendants; referring the case back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 9/14/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DANIEL M. BARLEY, #260262,
Plaintiff,
v.
RICHARD ALLEN, et al.,
Defendants.

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) CIVIL ACTION NO. 2:10-CV-989-MEF
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[WO]
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ORDER
The Magistrate Judge entered a Recommendation (Doc. #48) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the Court believes that the Recommendation should
be adopted. Accordingly, it is ORDERED that
1. The Recommendation (Doc. #48) of the Magistrate Judge is ADOPTED;
2. Plaintiff’s motion to dismiss (Doc. #47) is GRANTED;
3. Plaintiff’s claims against Nurse Parker and Nurse Austin are dismissed without
prejudice;
4. Nurse Parker and Nurse Austin are dismissed as defendants in this cause of
action;
and
5. This case shall henceforth proceed on Plaintiff’s claims against the remaining
defendants.

6. This case is referred back to the Magistrate Judge for further proceedings.
th

Done this the 14 day of September, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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