Gaither v. Alabama Department of Corrections et al (INMATE 2)

Filing 32

OPINION. Signed by Honorable Judge Myron H. Thompson on 6/9/2014. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ABDUL GAITHER, Plaintiff, v. ALA. DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:12cv181-TMH (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff Abdul Gaither, a state inmate, filed this lawsuit complaining he received inadequate medical treatment. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the remaining defendants’ motion to dismiss should be granted and that this case should be dismissed in its entirety, with the claims against defendant Alabama Department of Corrections dismissed with prejudice and with the claims against defendants Michael Robbins (a/k/a Dr. Roberts), Valencia Lockhart, Dallas Diaz, and Corizon, Inc. (a/k/a Corizon Health Services and CMS Health Services) dismissed without prejudice. Gaither has filed objections to the recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the magistrate judge’s recommendation adopted. An appropriate judgment will be entered. DONE, this the 9th day of June, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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