Gaines v. Corizon Health

Filing 11

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/5/2016. (YMB)

FILED
2016 Dec-05 AM 11:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHILLIP GAINES,
Plaintiff,

v.
DR. ROY RODDAM, et al.,
Defendants.

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Civil Action Number
2:16-cv-01364-AKK-TMP

MEMORANDUM OPINION
The magistrate judge filed a report on November 17, 2016, recommending
that this court dismiss Phillip Gaines’s amended complaint, docs. 8; 9, for failure
to state a claim upon which relief can be granted. Doc. 10 at 8. Moreover, to the
extent Gaines has attempted to allege state law negligence claims, the magistrate
judge recommended that this court dismiss such claims without prejudice to
Gaines’s refiling them in state court, pursuant to 28 U.S.C. § 1367. Id. The
magistrate judge advised the parties of their right to file specific written objections
within fourteen days, id., but no party filed objections within the allotted time
period.
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 ADOPTED, and the

recommendation ACCEPTED. Consequently, Gaines’s amended complaint, docs.
8; 9, is due to be DISMISSED. The court will contemporaneously enter an order
of final judgment in accordance with the foregoing.
DONE the 5th day of December, 2016.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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