Peoples v. Corizon Health Services et al

Filing 35

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATIONS Court EXPRESSLY FINDS no genuine issues of material fact with regard to pla's Eighth Amendment medical claims against Corizon Inc, Dr. William Talley, Nurse Colleen Oakes, and Nurse Anissa Thom as; dfts' motion for summary judgment is GRANTED as to these claims and DISMISSED WITH PREJUDICE; motion is DENIED as to pla's Eighth Amendment excessive force claim against Nurse Anissa Thomas; dft Thomas is ORDERED to file an answer w/i 20 days; case is referred back to Magistrate Judge John Ott for further pretrial proceedings. Signed by Senior Judge Inge P Johnson on 9/24/13. (ASL)

FILED
2013 Sep-24 AM 10:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

ROBERT PEOPLES,
Plaintiff,
vs.
CORIZON HEALTH SERVICES,
et al.,
Defendants.

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) Case No. 4:11-cv-03464-IPJ-JEO
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ORDER

The magistrate judge filed a report and recommendation on August 30, 2013,
recommending that defendants' motion for summary judgment be granted as to
plaintiff's Eighth Amendment medical care claims against Corizon, Inc., Dr. William
Talley, Nurse Colleen Oakes, and Nurse Anissa Thomas and that those claims be
dismissed. (Doc. 34.) The magistrate judge further recommended that defendants'
motion for summary judgment be denied as to plaintiff's Eighth Amendment
excessive force claim against Nurse Anissa Thomas. Id.
The parties were allowed fourteen (14) days in which to file written objections
to the magistrate judge’s recommendations.
party.

No objections have been filed by any

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 EXPRESSLY FINDS that
there are no genuine issues of material fact with regard to plaintiff's Eighth
Amendment medical claims against Corizon, Inc., Dr. William Talley, Nurse Colleen
Oakes, and Nurse Anissa Thomas. Defendants’ motion for summary judgment is
therefore GRANTED as to these claims and the claims are DISMISSED WITH
PREJUDICE.

The motion is DENIED as to plaintiff’s Eighth Amendment

excessive force claim against Nurse Anissa Thomas.
Defendant Thomas is hereby ORDERED to file an answer within twenty (20)
days of the entry date of this order.
This case is referred back to Magistrate Judge John Ott for further pretrial
proceedings.
DONE and ORDERED this the 24th day of September, 2013.

INGE PRYTZ JOHNSON
SENIOR U.S. DISTRICT JUDGE

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