Allen v. East Alabama Medical Center et al (MAG+)
OPINION. Signed by Honorable Judge Myron H. Thompson on 11/13/2012. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
ERIC UNDRA ALLEN,
EAST ALABAMA MEDICAL
CENTER, et al.,
CIVIL ACTION NO.
asserting that they failed to provide him with appropriate
lawsuit is now before the court on the recommendation of
the United States Magistrate Judge that plaintiff’s case
Also before the court are plaintiff’s
objections to the recommendation.
After an independent
and de novo review of the record, the court concludes that
magistrate judge’s recommendation adopted.
See Mack v.
City of High Springs, ___ Fed. App’x. ___, 2012 WL 3124565
(11th Cir. 2012) (affirming district court’s dismissal of
pro se litigant’s claims pursuant to 28 U.S.C. § 1915 for
failure to state a claim where the plaintiff failed to
against him due to his disability and observing that
plaintiff’s conclusory allegations of discrimination are
not sufficient to state a claim).
Also before the court is plaintiff’s motion for leave
to amend his complaint to add four more defendants to the
The facts alleged in the proposed amendment
demonstrate plaintiff’s entitlement to relief under legal
sufficient to state a claim, the 26 defendants already
named are not properly joined as defendants in the single
lawsuit and the plaintiff now seeks to expand the lawsuit
by misjoining four additional defendants.
As to the four
proposed defendants (three doctors and an MRI imaging
business in Birmingham, Alabama, all non-public-entity
defendants), plaintiff is not entitled to damages under
the ADA, and he has not alleged facts demonstrating state
action for purposes of his constitutional claims.
motion for leave to amend is due to be denied.
An appropriate judgment will be entered.
DONE, this the 13th day of November, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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