McCovery v. Myers et al (INMATE 2)

Filing 30

OPINION. Signed by Honorable Judge Myron H. Thompson on 7/5/2017. (wcl, )

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

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Plaintiff,
v.
WALTER MYERS, Warden,
et al.,
Defendants.

CIVIL ACTION NO.
2:16cv744-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,

filed

this

lawsuit

complaining

that

correctional officers on the ‘Cert Team’ at Easterling
Correctional

Facility

failed

to

accommodate

his

disability because the Warden had failed to train them
or

create

an

accommodation

plan;

that

correctional

officers beat him for not moving quickly in response to
their orders, in spite of his inability to use his legs
and his need for a wheelchair to move; and that he
needs

medical

care

to

This

lawsuit

is

now

treat

the

before

resulting
the

court

injuries.
on

the

recommendation of the United States Magistrate Judge
that plaintiff’s case be dismissed without prejudice
for failure to comply with the orders of the court or
to prosecute the case.
recommendation.
review

of

the

After
record,

There are no objections to the
an
the

independent
court

and

concludes

de

novo

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 5th day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE