Simpson v. Claybo et al

Filing 21

ORDER-re: 20 Report and Recommendation. The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. The court EXPLICITLY FINDS no genuine issues of material fact rema in as to Dft Cheryl Price in her official capacity and therefore ORDERS that DFt Price's motion for summary judgment 12 is GRANTED as to the claims against her in her official capacity. The court FURTHER ORDERS that said motion for summary ju dgment is DENIED as to the claims against Dft Price in her individual capacity. Dfts Claybo, Head and Rottman's motion for summary judgment 14 is DENIED. The remaining claims against these defendants are referred to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 2/18/2016. (AVC)

FILED
2016 Feb-19 AM 08:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
EUGENE SIMPSON,
AIS #111943

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Plaintiff,
v.
NURSE CLAYBO, et al.,
Defendants.

Case No. 2:14-cv-01593-RDP-JHE

ORDER
The Magistrate Judge filed a Report and Recommendation on January 28, 2016,
recommending that Plaintiff’s claims against Defendant Cheryl Price in her official capacity be
dismissed with prejudice.

(Doc. 20).

The Magistrate Judge further recommended that

Defendant’s motion for summary judgment in her individual capacity and Defendants Claybo,
Rottman, and Head’s motion for summary judgment as to Plaintiff’s claims against these
defendants be denied and referred to the Magistrate Judge for further proceedings.

(Id.).

Although the parties were notified of their right to file objections within fourteen (14) days of the
entry date of the Report and Recommendation, the court has not received objections from any of
the parties.
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 the Magistrate Judge’s
recommendation is ACCEPTED.

The court EXPLICITLY FINDS no genuine issues of

material fact remain as to Defendant Cheryl Price in her official capacity and therefore
ORDERS that Defendant Cheryl Price’s motion for summary judgment (Doc. 12) is

GRANTED as to the claims against her in her official capacity.

The court FURTHER

ORDERS that said motion for summary judgment (Doc. 12) is DENIED as to the claims against
Defendant Price in her individual capacity.
Defendants Claybo, Head and Rottman’s motion for summary judgment (Doc. 14) is
DENIED. The remaining claims against these defendants are referred to the Magistrate Judge
for further proceedings.
DONE and ORDERED this February 18, 2016.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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