Brennan v. Thomas et al

Filing 12

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 6/24/2014. (AVC)

FILED
2014 Jun-24 AM 08:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS G. BRENNAN,
Plaintiff,
vs.
COMMISSIONER KIM
THOMAS, et al.,
Defendants.

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Civil Action Number
2:13-cv-00152-AKK-TMP

MEMORANDUM OPINION
On November 8, 2013, the magistrate judge entered a report and
recommendation, doc. 7, and the court allowed the parties fourteen (14) days in
which to file objections to the recommendations made by the magistrate judge. On
December 4, 2013, after receiving an extension of time from the court, see doc. 9,
the plaintiff filed objections to the magistrate judge’s report and recommendation,
doc. 10.
As Judge Putnam recounted, the plaintiff received treatment immediately
after his fall—first conservatively and ultimately with a referral to a free-world
surgeon. While this may not have been the exact treatment the plaintiff wanted, or
with the speed the plaintiff preferred, the alleged deficiencies here do not rise to a
constitutional violation. Consequently, after careful consideration of the record in

this case, Judge Putnam’s report and recommendation, and the plaintiff’s
objections thereto, the court hereby adopts the report of the magistrate judge. The
court further accepts the recommendations of the magistrate judge that this action
be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2) and that the court
decline to exercise supplemental jurisdiction over the plaintiff’s state law
negligence claim against defendants Davenport, Headley and Terrance.
A separate order in conformity with this Memorandum Opinion will be
entered contemporaneously herewith.
Done this 24th day of June, 2014.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE