Bass v. Sconyers (INMATE 2)

Filing 44

OPINION AND ORDER: It is ORDERED and ADJUDGED that the 43 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. The deliberate indifference to safety claim against Defendant Sconyer s is DISMISSED as moot; 2. The correctional defendants' 33 Motion for Summary Judgment on the remaining 1983 claims is GRANTED; 3. The 24 Motion to Dismiss filed by the medical defendants is GRANTED to the extent the medical defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy prior to filing this case; 4. This case is DISMISSED with prejudice; 5. Final Judgment will be ENTERED in favor of Defendants. Signed by Honorable Judge W. Harold Albritton, III on 8/25/2016. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TOMMY BASS, #122 504,

)
)
Plaintiff,
)
)
v.
) CIVIL ACTION NO. 2:13-CV-594-WHA
)
[WO]
WARDEN KENNETH SCONYERS, et al., )
)
Defendants.
)
OPINION and ORDER
On August 4, 2016, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 43) Upon an independent review of the file in this
case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is
hereby ADOPTED, and this case be and is hereby DISMISSED as follows:
1. The deliberate indifference to safety claim against Defendant Sconyers is DISMISSED
as moot;
2. The correctional defendants’ motion for summary judgment on the remaining § 1983
claims (Doc. # 33) is GRANTED;
3. The motion to dismiss filed by the medical defendants (Doc. # 24) is GRANTED to
the extent the medical defendants seek dismissal of this case due to Plaintiff's failure to properly
exhaust an administrative remedy prior to filing this case;
4. This case is DISMISSED with prejudice;
5. Final Judgment will be ENTERED in favor of Defendants.

Done, this 25th day of August, 2016.

/s/ W. Harold Albritton
UNITED STATES DISTRICT JUDGE