Edwards v. Wheat et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS that it is ORDERED that all of plaintiffs claims in this action except the Eighth Amendment medical care claims against defendants Webb, Phillips, and Pavlokovic are DISMISSED pursuant to 28 U.S.C.§ 191 5A(b); it is further ORDERED that plaintiffs Eighth Amendment medical care claims against defendants Webb, Phillips, and Pavlokovic are REFERRED to the magistrate judge for further proceedings as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 1/31/2014. (AHI, )

FILED
2014 Jan-31 PM 02:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DEXTER K. EDWARDS,
Plaintiff,
v.
MR. WHEAT, et. al.,
Defendants.

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Case No. 4:12-cv-03888-CLS-PWG

ORDER
The magistrate judge filed a report and recommendation on November 4, 2013,
recommending that plaintiff’s claims against defendants Wheat and Corizon for
failing to protect him from the unprofessional conduct of the medical employees, and
the claim against defendant Pavlokovic for failing to protect him from the
unprofessional conduct of the nurses be dismissed pursuant to 28 U.S.C. §
1915A(b)(1) for failing to state a claim upon which relief may be granted. It was
further recommended that plaintiff’s Eighth Amendment medical care claims against
defendants Webb, Phillips, and Pavlokovic be referred to the undersigned magistrate
judge for further proceedings. No objections have been filed.
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 it hereby is, ADOPTED, and his
recommendation is ACCEPTED.
It is therefore ORDERED, ADJUDGED, and DECREED that all of plaintiff’s
claims in this action except the Eighth Amendment medical care claims against
defendants Webb, Phillips, and Pavlokovic are DISMISSED pursuant to 28 U.S.C.
§ 1915A(b). It is further ORDERED that plaintiff’s Eighth Amendment medical care
claims against defendants Webb, Phillips, and Pavlokovic are REFERRED to the
magistrate judge for further proceedings.
DONE and ORDERED this 31st day of January, 2014.

______________________________
United States District Judge

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