Johnson v. Mangoine et al

Filing 34

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 2/8/16. (SAC )

FILED
2016 Feb-08 PM 02:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
FRANKIE L. JOHNSON,
Plaintiff,
v.
JOE F. MANGOINE, et al.,
Defendants.

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) Case No. 1:13-cv-01928-WMA-SGC
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MEMORANDUM OPINION
The magistrate judge entered a report and recommendation on January 8, 2016,
recommending the plaintiff’s Eighth Amendment failure-to-protect claims against
Correctional Officer Newcomb be dismissed without prejudice pursuant to Rule 4(m)
of the Federal Rules of Civil Procedure because the plaintiff did not serve Newcomb
with a copy of the amended complaint within 120 days after the amended complaint
was filed. (Doc. 33). The magistrate judge further recommended the motions for
summary judgment on the plaintiff’s Eighth Amendment medical claims filed by
Captain Carl Sanders and Corizon be granted and those claims be dismissed with
prejudice. (Id.). No objections have been filed by any party.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court is of the opinion that the
magistrate judge’s report is due to be and is hereby ADOPTED and her

recommendation is ACCEPTED. The plaintiff’s Eighth Amendment failure-toprotect claims against Correctional Officer Newcomb are due to be DISMISSED
WITHOUT PREJUDICE pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure because the plaintiff did not serve Newcomb with a copy of the amended
complaint within 120 days after the amended complaint was filed. Additionally, the
court EXPRESSLY FINDS that there are no genuine issues of material fact
regarding the plaintiff’s Eighth Amendment medical claims against Captain Carl
Sanders and Corizon and these defendants are entitled to judgment as a matter of law.
Accordingly, the defendants’ motions for summary judgment are due to be
GRANTED and the plaintiff’s claims against them are due to be DISMISSED
WITH PREJUDICE. A final judgment will be entered.
DONE this 8th day of February, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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