Calhoun v. Bentley et al (INMATE 1)

Filing 57

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/20/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LEANDER CALHOUN,

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Plaintiff,
v.
ROBERT BENTLEY, et al.,
Defendants.

CIVIL ACTION NO.
2:14cv341-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate, filed this lawsuit challenging the conditions
of

confinement

medical
prison

at

copayment

Kilby

Correctional

requirement,

classification

system.

and
This

Facility,

aspects
lawsuit

the

of

the

is

now

before the court on the recommendation of the United
States
summary

Magistrate

Judge

judgment

should

that
be

defendants'
granted.

objections to the recommendation.

motion

There

are

for
no

After an independent

and de novo review of the record, the court concludes
that the magistrate judge’s recommendation should be
adopted because, on the current record, there is not

enough

evidence

judgment.

for

plaintiff

to

survive

summary

However, the court makes no finding as to

whether the conditions plaintiff alleges exist do exist
or whether they are unconstitutional.
An appropriate judgment will be entered.
DONE, this the 20th day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE