Martin v. Newman et al (INMATE 2)

Filing 9

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/7/2016. (kh, )

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

SILAS MARTIN,

)
)
Plaintiff,
)
)
v.
)
)
DR. ALFRED NEWMAN JR. (MD, )
PH.D.), individual and
)
official capacity, and
)
JOHN PEASANT M.D.,
)
individual and official
)
capacity,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv839-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner, filed this lawsuit challenging the quality of
certain

medical

contending

that

care
he

he
was

has

received

not

warned

in
of

prison,
potential

complications and that he has been left with permanent
injuries.

This lawsuit is now before the court on the

recommendation of the United States Magistrate Judge
that plaintiff’s motion for leave to proceed in forma
pauperis

be

denied

and

that

this

case

be

dismissed

without prejudice for plaintiff’s failure to pay the
filing and administrative fees upon his initiation of
this

case.

Also

before

the

court

objections to the recommendation.

are

plaintiffs’

After an independent

and de novo review of the record, the court concludes
that

the

objections

should

be

overruled

and

the

magistrate judge’s recommendation adopted.*
An appropriate judgment will be entered.
DONE, this the 7th day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

*

The court notes that the recommendation of the
magistrate judge (doc. no. 9) contains typo on page 2:
the case number for Martin v. Auburn Police Dept., et
al. is 3:15-CV-307-MHT (M.D. Ala. 2015), not 3:15-CV302-MHT.
This minor error has no impact on the
outcome.