Marquez v. Price et al

Filing 20

AMENDED MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/26/2015. (AVC)

FILED
2015 Aug-26 PM 04:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JULIO C. MARQUEZ,
Plaintiff,
v.
WARDEN PRICE, et. al.,
Defendants.

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Case No.: 2:13-cv-01714-RDP-JEO

AMENDED MEMORANDUM OPINION
On July 28, 2015, the Magistrate Judge’s Report and Recommendation (Doc. # 17) was
entered and the parties were allowed therein fifteen (15) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court
further ACCEPTS the recommendations of the Magistrate Judge: (1) that the failure to protect
and deliberate indifference to serious medical need claims against Defendant Campbell and all
claims against Defendants Campbell 1, Price, Hicks, Miree, Taylor, Felton, Giddy, Davis,
Jenkins, and Moore be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2); and (2) that
the excessive force claim against Defendant Gaines be referred to the Magistrate Judge for
further proceedings.
A separate order in accordance with this Memorandum Opinion will be entered.

1

Although discussed in the body of the Report and Recommendation entered on July 28, 2015, the report
did not specifically recommend the dismissal of the claim of deliberate indifference to serious medical needs against
defendant Campbell, or the claims against defendant Miree; therefore, this court’s prior Memorandum Opinion and
Order did not address the claims against Campbell and Miree either.

DONE and ORDERED this August 26, 2015.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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