Mays v. Davenport et al

Filing 43

MEMORANDUM OPINION AND ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS as further stated within.Signed by Judge L Scott Coogler on 2/21/2017. (PSM)

FILED
2017 Feb-21 AM 10:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MICHAEL MAYS,
Plaintiff
vs.
LIEUTENANT SCOTT, et al.,
Defendants

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Case No. 4:14-cv-00808-LSC-HGD

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report and recommendation on December 27,
2016, recommending the defendants’ motion for summary judgment be granted in
part and denied in part. (Doc. 42). Although the parties were advised of their right
to file specific written objections within fourteen (14) days, no objections have been
received by the court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is hereby
ADOPTED and the recommendation is ACCEPTED. Accordingly, the court
ORDERS the following:

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1. That defendants Scott, Shoebridge, and Jackson’s motion for summary
judgment on the plaintiff’s Eighth Amendment failure to intervene claims
is DENIED;
2. That defendants Scott, Shoebridge, and Jackson’s motion for summary
judgment on the plaintiff’s Eighth Amendment failure to intervene claims
on the basis of qualified immunity is DENIED;
3. That defendant McLemore’s motion for summary judgment on the
plaintiff’s Eighth Amendment medical delay claim is GRANTED, the court
finding no genuine issues of material fact exists; and
4.. That the plaintiff’s requests for injunctive relief are DENIED.
This matter is REFERRED to the magistrate judge for further proceedings.
Done this 21st day of February 2017.

L. Scott Coogler
United States District Judge
[160704]

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