Fuller v. Nearer et al (INMATE 2)

Filing 41

ORDER: 1. The plaintiff's objection 13 filed on July 26, 2013 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge 6 filed on July 9, 2013 is adopted; 3. Plaintiff's § 1983 cla ims of inadequate medical care and treatment against Defendants Blair, Donaldson, and McCall are DISMISSED with prejudice prior to service as further set out; 4. Plaintiff's verbal abuse claim against Defendant Davis is DISMISSED with prejudice prior to service of process as further set out; 5. Plaintiff's access to courts claim against Defendant Eastwood is DISMISSED as further set out; 6. Defendants Blair, Donaldson, McCall, Davis, and Eastwood are DISMISSED as parties to the complaint; 7. This case with respect to Plaintiff's complaint against the remaining defendants is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 10/7/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID BOY FULLER, #147862,
Plaintiff,
v.
LT. NEARER, et al.,
Defendants.

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CASE NO. 2:13-cv-0417-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #13) filed on July 26, 2013 to the Recommendation
of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #6) filed on July 9, 2013 is
adopted;
3. Plaintiff's § 1983 claims of inadequate medical care and treatment against
Defendants Blair, Donaldson, and McCall are DISMISSED with prejudice prior to service
of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i and/or ii);
4. Plaintiff’s verbal abuse claim against Defendant Davis is DISMISSED with
prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i);
5. Plaintiff’s access to courts claim against Defendant Eastwood is DISMISSED

with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i);
6. Defendants Blair, Donaldson, McCall, Davis, and Eastwood are DISMISSED as
parties to the complaint;
7. This case with respect to Plaintiff’s complaint against the remaining defendants
is referred back to the Magistrate Judge for further proceedings.
DONE this the 7th day of October, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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