Gaines v. Corizon Health
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/5/2016. (YMB)
2016 Dec-05 AM 11:11
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DR. ROY RODDAM, et al.,
Civil Action Number
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
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.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?