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

Filing 33

JUDGMENT: In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Abdul Gaither's 31 Objections are overruled. (2) The United States Magistrate Judge's [30 ] Recommendation is adopted. (3) The 14 Motion to Dismiss is granted. (4) This lawsuit is 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. It is further ORDERED that costs are taxed against plaintiff Gaither, for whi ch execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/9/2014. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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.

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CIVIL ACTION NO.
2:12cv181-TMH
(WO)

JUDGMENT
In accordance with the memorandum opinion entered this
date, it is the ORDER, JUDGMENT, and DECREE of the court
as follows:
(1) Plaintiff Abdul Gaither’s objections (Doc. No. 31)
are overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (Doc. No. 30) is adopted.
(3) The motion to dismiss (Doc. No. 14) is granted.
(4) This lawsuit is 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.
It is further ORDERED that costs are taxed against
plaintiff Gaither, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 9th day of June, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE