Fuller v. Wheat et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS that all of plaintiff's claims in this action except his Eighth Amendment medical care and/or his retaliation claims against Dr. Pavlakovic, NursesWheat, Webb, Phillips, Shankle, Butler, Boatwright, Batt le, Kleener, and Russell and Officers Sanders, McDowell, Heflin, Zuspan, Massey, Bell, Marcano, and Hamer are DISMISSED; it is further ORDERED that plaintiff's Eighth Amendment medical care and/or his retaliation claims against Dr.Pavlakovic, N urses Wheat, Webb, Phillips, Shankle, Butler, Boatwright, Battle, Kleener, and Russell and Officers Sanders, McDowell, Heflin, Zuspan, Massey, Bell, Marcano, and Hamer are REFERRED to the magistrate judge for further proceedings as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 8/4/2014. (AHI)

FILED
2014 Aug-04 PM 01:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

DAVID BOY FULLER,
Plaintiff,
vs.
NURSE WHEAT, et al.,
Defendants.

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Case No. 4:12-cv-03957-CLS-TMP

ORDER
The magistrate judge filed a report and recommendation on November 12,
2013, recommending that the following claims be dismissed for failing to state a
claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1): (1)
plaintiff’s claims against the Alabama Department of Corrections and St. Clair
Correctional Facility; (2) plaintiff’s claims against defendants in their official
capacities for monetary relief; (3) plaintiff’s claims against Nurses Marcano, Nurse
Henry, and Officer Cornelison; (4) plaintiff’s Eighth Amendment medical care claims
against Corizon, Inc.; (5) plaintiff’s Fourteenth Amendment due process claim against
Lisa Tucker; (6) plaintiff’s Fourteenth Amendment due process and equal protection
claims; (7) plaintiff’s conspiracy claims; and (8) plaintiff’s ADA claims.1
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Doc. no. 19.

The magistrate judge further recommended that plaintiff's Eighth Amendment
medical care and/or his retaliation claims against Dr. Pavlakovic, Nurses Wheat,
Webb, Phillips, Shankle, Butler, Boatwright, Battle, Kleener, and Russell and
Officers Sanders, McDowell, Heflin, Zuspan, Massey, Bell, Marcano, and Hamer be
referred to the magistrate for further proceedings. Id. 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 is hereby ADOPTED and the magistrate
judge's recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED,
and DECREED that all of plaintiff's claims in this action except his Eighth
Amendment medical care and/or his retaliation claims against Dr. Pavlakovic, Nurses
Wheat, Webb, Phillips, Shankle, Butler, Boatwright, Battle, Kleener, and Russell and
Officers Sanders, McDowell, Heflin, Zuspan, Massey, Bell, Marcano, and Hamer are
DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). It is further ORDERED that
plaintiff’s Eighth Amendment medical care and/or his retaliation claims against Dr.
Pavlakovic, Nurses Wheat, Webb, Phillips, Shankle, Butler, Boatwright, Battle,
Kleener, and Russell and Officers Sanders, McDowell, Heflin, Zuspan, Massey, Bell,
Marcano, and Hamer are REFERRED to the magistrate judge for further proceedings.

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DONE and ORDERED this 4th day of August, 2014.

______________________________
United States District Judge

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