Calhoun v. Bentley et al (INMATE 1)

Filing 57

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

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

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