Foster v. Meeks et al (INMATE 1)

Filing 77

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 2/28/2017. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
SHELTON FOSTER,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DENNIS MEEKS, et al.,
Defendants.

CIVIL ACTION NO.
2:15cv786-MHT
(WO)

OPINION
Pursuant

to

42

U.S.C.

§

1983

and

Alabama

law,

plaintiff Shelton Foster, an inmate in the Covington
County

Jail,

denial

of

this

adequate

incarceration.
the

filed

lawsuit

complaining

medical

care

of

during

the
his

This lawsuit is now before the court on

recommendation

of

the

United

States

Magistrate

Judge that the motion to dismiss filed by defendants
Southern Health Partners and Diane Williams be granted
and that their motion for summary judgment be denied as
moot; that the motion to dismiss filed by defendants
Dennis Meeks and Preston Hughes be denied and their
motion for summary judgment be granted; that plaintiff
Foster’s
prejudice;

state-law
that,

to

claims
the

be

extent

dismissed
he

seeks

a

without
writ

of

habeas

corpus,

prejudice;

that

said
any

claim
other

be

dismissed

claims

be

without

dismissed

with

prejudice; and that costs be taxed against plaintiff
Foster;.

There

recommendation.
review

of

the

are

After

no
an

record,

objections

independent

the

court

to
de

and

concludes

the
novo

that

the

magistrate judge’s recommendations should be adopted,
with one clarification. As to Meeks and Hughes’s motion
for

summary

judgment

judgment,

should

be

the

court

granted,

but

agrees
does

reasoning on the magistrate judge.

that

not

summary

adopt

the

Instead, the court

grants summary judgment because plaintiff Foster, who
is represented by counsel and has failed to respond to
the motion for summary judgment in any way, has not met
his burden under Federal Rule of Civil Procedure 56 of
showing

with

evidence

that

the

defendants

were

deliberately indifferent to his serious medical needs.
An appropriate judgment will be entered.
DONE, this the 28th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE