Williams v. Phelps et al (INMATE 1)

Filing 19

ORDER directing that: (1) the 5 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) the plaintiff's claims against the Staton Infirmary are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i); (3) The Sta ton Infirmary is DISMISSED as a defendant in this cause of action; (4) The plaintiff's allegation regarding the use of vulgar language is DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i); and (5) This c ase, with respect to the claims regarding a denial of medical treatment by defendant Phelps, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/30/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WALTER EARL WILLIAMS #131113,
Plaintiff,
v.

NURSE PHELPS, et al.,
Defendants.

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CASE NO. 2:13-CV-512-TMH

ORDER
The Magistrate Judge entered a Recommendation (Doc. 5) 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 finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1. The Recommendation (Doc. 5) of the Magistrate Judge is ADOPTED;
2. The plaintiff’s claims against the Staton Infirmary are DISMISSED with prejudice
pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i);
3. The Staton Infirmary is DISMISSED as a defendant in this cause of action;
4. The plaintiff’s allegation regarding the use of vulgar language is DISMISSED with
prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); and
5. This case, with respect to the claims regarding a denial of medical treatment by
defendant Phelps, is referred back to the Magistrate Judge for appropriate proceedings.
DONE this 30th day of September, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE