McCovery v. Myers et al (INMATE 2)

Filing 30

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

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

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