Felder v. Thomas et al (INMATE 2)

Filing 15

OPINION and ORDER as follows: (1) Plaintiff's 14 Objections are overruled. (2) The United States Magistrate Judge's 8 Recommendation is adopted. (3) Plaintiffs claims against defendants Thomas, Jones, Giles, and Mason are dismissed wit h prejudice, and these defendants are terminated as parties.(4) Plaintiffs claim against defendant Jenkins is dismissed without prejudice, and this defendant is terminated as a party. It is further ORDERED that this case is referred back to the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 11/6/2014. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION CECIL FELDER, ) ) ) ) ) ) ) ) ) Plaintiff, v. KIM THOMAS, et al., Defendants. CIVIL ACTION NO. 3:14cv911-MHT (WO) OPINION AND ORDER Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate, filed this lawsuit challenging prison officials’ delay in providing him medical care after an accident. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s claims against several defendants be dismissed. before the court recommendation. review of plaintiff’s the are plaintiff’s After an record, objections objections independent the should court be and to Also the de novo concludes that overruled magistrate judge’s recommendation adopted. Accordingly, it is ORDERED as follows: and the (1) Plaintiff's objections (doc. no. 14) are overruled. (2) The United States Magistrate Judge's recommendation (doc. no. 8) is adopted. (3) Plaintiff’s claims against defendants Thomas, Jones, Giles, and Mason are dismissed with prejudice, and these defendants are terminated as parties. (4) Plaintiff’s claim against defendant Jenkins is dismissed without prejudice, and this defendant is terminated as a party. It is further ORDERED that this case is referred back to the magistrate judge. DONE, this the 6th day of November, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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