Doss v. Wilson et al

Filing 48

ORDER - Having reviewed the materials in the Court file, including Mr. Dosss complaint, the report and recommendation, and Mr. Dosss objections, the Court sustains Mr. Dosss objection concerning the magistrate judges recommendation that the Court dis miss his (Mr. Dosss) supervisory liability claims against Sergeant C. Hamilton based on the June 6, 2015 assault. (See Doc. 39). Otherwise, the Court accepts the magistrate judges recommendation. Signed by Judge Madeline Hughes Haikala on 11/21/2017. (KEK)

FILED
2017 Nov-21 AM 10:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SANDREW DOSS,

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Plaintiff
vs.
DR. WILSON, et al.,
Defendants

Case No. 4:15-cv-01751-MHH-HNJ

ORDER
On September 20, 2016, the presiding magistrate judge, pursuant to 28 U.S.C.
§ 1915A(b)(1), entered a report in which he recommended that the Court dismiss
without prejudice the following claims for failure to state a claim upon which relief
can be granted:
1. Mr. Doss’s supervisory liability claims against Sergeant C. Hamilton based
on the June 6, 2015 assault;
2. Mr. Doss’s Eighth Amendment medical claims against the Alabama Board
of Nursing;
3. Mr. Doss’s Eighth Amendment medical claims against Medical
Administrator C. G. Wheat;

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4. Mr. Doss’s Eighth Amendment medical claims against Dr. Wilson based on
Mr. Doss’s eye condition and requests for an EKG in June 2015; and
5. Mr. Doss’s Eighth Amendment medical claims against Medical
Administrator Edwina Hamby.
(Doc. 37, p. 16).
The magistrate judge recommended that the Court return the following claims
to the magistrate judge for further proceedings:
1. Mr. Doss’s Eighth Amendment failure to protect claims against Officer
Brian Fife based on the June 6, 2015 assault;
2 Mr. Doss’s Eighth Amendment medical care claims against Dr. Wilson and
Nurse Practitioner Thomas concerning Mr. Doss’s complaints of blood
draining from his left ear; and
3. Mr. Doss’s Eighth Amendment excessive force and denial of medical care
claims against Sergeant C. Hamilton arising out of events which occurred
on October 28, 2015.
(Doc. 37, pp. 16-17).
The magistrate judge advised Mr. Doss of his right to file specific written
objections within 14 days. (Doc. 37, pp. 17-18). On October 6, 2016, an inmate
advocate filed objections on Mr. Doss’s behalf. (Doc. 39). On October 24, 2017, the
Court entered an order explaining why the Court cannot attribute the inmate
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advocate’s objections to Mr. Doss. (Doc. 44). The Court gave Mr. Doss an
opportunity to adopt the inmate advocate objections as his own by submitting a
signed notice. (Doc. 44, p. 2). On November 3, 2017, Mr. Doss filed a motion to
adopt the inmate advocate objections. (Doc. 45). The Court grants Mr. Doss’s
motion.
When a party objects to a report and recommendation, the district court must
“make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(B)(C). The Court reviews de novo legal conclusions in a report and reviews for clear
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d
776, 779 n.9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th
Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006). A
district court “may accept, reject, or modify, in whole or part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).
Having reviewed the materials in the Court file, including Mr. Doss’s
complaint, the report and recommendation, and Mr. Doss’s objections, the Court
sustains Mr. Doss’s objection concerning the magistrate judge’s recommendation that
the Court dismiss his (Mr. Doss’s) supervisory liability claims against Sergeant C.
Hamilton based on the June 6, 2015 assault. (See Doc. 39). Otherwise, the Court
accepts the magistrate judge’s recommendation.
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Therefore, pursuant to 28 U.S.C. § 1915A(b)(1), the Court ORDERS that the
following claims are DISMISSED WITHOUT PREJUDICE:
1. Mr. Doss’s Eighth Amendment medical claims against the Alabama Board
of Nursing;
2. Mr. Doss’s Eighth Amendment medical claims against Medical
Administrator C. G. Wheat;
3. Mr. Doss’s Eighth Amendment medical claims against Dr. Wilson based on
Mr. Doss’s eye condition and requests for an EKG in June 2015; and
4. Mr. Doss’s Eighth Amendment medical claims against Medical
Administrator Edwina Hamby.
The Court returns to the magistrate judge for further proceedings the following
claims:
1. Mr. Doss’s supervisory liability claims against Sergeant C. Hamilton based
on the June 6, 2015 assault;
2. Mr. Doss’s Eighth Amendment failure to protect claims against Officer
Brian Fife based on the June 6, 2015 assault;
3. Mr. Doss’s Eighth Amendment medical care claims against Dr. Wilson and
Nurse Practitioner Thomas concerning Mr. Doss’s complaints of blood
draining from his left ear; and

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4. Mr. Doss’s Eighth Amendment excessive force and denial of medical care
claims against Sergeant C. Hamilton arising out of events which occurred
on October 28, 2015.

Done and entered this 21st day of November, 2017.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

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