Hood v. Perkins et al

Filing 58

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/06/12. (CVA)

FILED
2012 Jul-06 AM 10:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STEPHEN DUWAYNE HOOD,
Plaintiff,
vs.
SHERIFF TERRY PERKINS, et al.,
Defendants.

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2:11-CV-1896-AKK-JEO

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on May 25, 2012,
recommending that the defendants' motion for summary judgment be granted and this
cause be dismissed with prejudice. (Doc. 54). The plaintiff filed objections on June
6, 2012. (Doc. 56).
In objecting to the report and recommendation the plaintiff continues the same
allegations that he made in original complaint, that he is now in kidney failure and
receiving dialysis three days a week because the defendants denied him adequate
medical care during the five months he was in the Lamar County Jail. It is clear from
the medical records submitted to the court that the plaintiff arrived at the Lamar
County Jail after being diagnosed with hypertension, diabetes and kidney disease.
However, the plaintiff has not submitted any facts to show that these defendants were
deliberately indifferent to his medical needs.

Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, and the objections filed by the
plaintiff, the Court is of the opinion that the magistrate judge's report is due to be and
is hereby ADOPTED and his recommendation is ACCEPTED.

The Court

EXPRESSLY FINDS that there are no genuine issues of material fact and that the
defendants are entitled to judgment as a matter of law. Accordingly, defendants'
motion for summary judgment is due to be GRANTED and this action is due to be
DISMISSED WITHOUT PREJUDICE. A Final Judgment will be entered.
DONE, this the 6th day of July, 2012.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE