Smith v. Corizon Health Services et al (INMATE 1)

Filing 114

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/22/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
AVERY L. SMITH,
Plaintiff,
v.
CORIZON HEALTH SERVICES,
et al.,
Defendants.

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CIVIL ACTION NO.
2:17cv29-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff Avery L.
Smith, a state prisoner, filed this lawsuit asserting
that he has received inadequate medical care.

This

case is before the court on the motion of defendant Tai
Q. Chung, a free-world physician, to dismiss the claims
against him for lack of subject-matter jurisdiction.
The court entered an order to show cause as to why the
motion

should

not

be

granted,

and

Smith

did

not

respond. (In addition, Smith previously had stated that
he had no opposition to Chung being granted leave to
file a motion to dismiss (doc. no. 106).)

Accordingly,

and upon review of the motion, the court concludes that
the motion to dismiss should be granted.
An appropriate judgment will be entered.
DONE, this the 22nd day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE