Dudley v. Corizon Medical Services et al (INMATE 2)

Filing 10

JUDGMENT that it is ORDERED as follows: (1) the 9 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the court construes plf's 7 Motion for leave to file and amended complaint as a motion to dismiss his claims regarding inad equate medical care against defs Corizon Medical Services and Long; (3) said 7 Motion to Dismiss is granted; (4) Plf's claims against defs Corizon Medical Services and Long are dismissed without prejudice; (5) defs Corizon Medical services a nd Nurse Long are dismissed without prejudice and terminated as parties, with no costs taxed; (6) all of plf's other claims remain pending; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is referred back to the US Magistrate Judge for further proceedings; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/22/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN PATRICK DUDLEY,
Plaintiff,
v.
CORIZON MEDICAL SERVICES,
et al.,
Defendants.

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CIVIL ACTION NO.
2:15cv287-MHT
(WO)

JUDGMENT
This case is before the court on the recommendation
of the United States Magistrate Judge that plaintiff’s
motion to amend his complaint be construed as a motion
to dismiss his claims regarding inadequate medical care
against
Services,

defendants
and

Nurse

that

the

objections have been filed.

Long
motion

and

Corizon

be

Medical

granted.

No

Upon an independent and de

novo review of the record, it is ORDERED as follows:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 9) is adopted.
(2) The

court

construes

plaintiff’s

motion

for

leave to file an amended complaint (doc. no. 7) as a

motion
medical

to

dismiss

care

his

against

claims

regarding

defendants

inadequate

Corizon

Medical

Services and Long.
(3) Said motion to dismiss (doc. no. 7) is granted.
(4) Plaintiff’s claims against defendants Corizon
Medical

Services

and

Long

are

dismissed

without

prejudice.
(5) Defendants Corizon Medical Services and Nurse
Long are dismissed without prejudice and terminated as
parties, with no costs taxed.
(6) All of plaintiff’s other claims remain pending.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This is case is referred back to the United States
Magistrate Judge for further proceedings.

It is not

closed.
DONE, this the 22nd day of July, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE