Foster v. Meeks et al (INMATE 1)

Filing 78

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 76 ) is adopted with the clarification noted, and to the extent set forth, in the opinion entered today. (2) The motion to dismiss filed by defendants Southern Health Partners and Diane Williams (originally referred to as Nurse Diane) (doc. no. 60 ) is granted, and said defendants are dismissed. (3) The motion for summary judgment filed by defendants S outhern Health Partners and Williams (doc. no. 72 ) is denied as moot. (4) The motion to dismiss filed by defendants Dennis Meeks and Preston Hughes (doc. no. 59 ) is denied. (5) The motion for summary judgment filed by defendants Dennis Meeks and Preston Hughes (doc. no. 70 ) is granted.(6) To the extent plaintiff Shelton Foster petitions for a writ of habeas corpus, the request is dismissed without prejudice. (7) Plaintiff Fosters state-law claim are dismissed without prejudice. (8) Judgmen t is entered for defendants Meeks and Hughes and against plaintiff Foster on his claims against them pursuant to 42 U.S.C. 1983, with plaintiff Foster taking nothing by his complaint on those claims. (9) Any remaining claims are dismissed with prejud ice. It is further ORDERED that costs are taxed against plaintiff Foster, for which execution may issue. The clerk of the court is DIRECTED to enter thisdocument on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/28/2017. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

recommendation

(doc.

States
no.

76)

Magistrate
is

adopted

Judge's
with

the

clarification noted, and to the extent set forth, in
the opinion entered today.
(2) The

motion

to

dismiss

filed

by

defendants

Southern Health Partners and Diane Williams (originally
referred to as “Nurse Diane”) (doc. no. 60) is granted,
and said defendants are dismissed.

(3)

The

motion

for

summary

judgment

filed

by

defendants Southern Health Partners and Williams (doc.
no. 72) is denied as moot.
(4)
Dennis

The

motion

Meeks

to

dismiss

and

Preston

motion

for

filed

Hughes

by

(doc.

defendants

no.

59)

is

filed

by

denied.
(5) The

summary

judgment

defendants Dennis Meeks and Preston Hughes (doc. no.
70) is granted.
(6)

To

the

extent

plaintiff

Shelton

Foster

petitions for a writ of habeas corpus, the request is
dismissed without prejudice.
(7)

Plaintiff

Foster’s

state-law

claim

are

dismissed without prejudice.
(8) Judgment is entered for defendants Meeks and
Hughes

and

against
plaintiff

against

them

plaintiff

pursuant

Foster

taking

to

Foster

42

nothing

those claims.

2

on

U.S.C.
by

his

§

his
1983,

claims
with

complaint

on

(9)

Any

remaining

claims

are

dismissed

with

prejudice.
It is further ORDERED that costs are taxed against
plaintiff Foster, for which execution may issue.
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

Procedure.
This case is closed.
DONE, this the 28th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

3

Civil