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, )

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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

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