Dansby v. White

Filing 41

MEMORANDUM OPINION. Signed by Judge Annemarie Carney Axon on 2/28/2019. (TLM, )

FILED
2019 Feb-28 PM 02:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JERRY LEE DANSBY,

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Plaintiff,
v.
CAPT. WHITE,
Defendant.

Case No.: 4:17-cv-00890-ACA-TMP

MEMORANDUM OPINION
After holding an evidentiary hearing on November 13, 2018, the magistrate
judge filed a report on January 28, 2019, recommending that judgment be granted
in favor of the defendant and against the plaintiff, and that this case be dismissed
with prejudice. (Doc. 39). The plaintiff has timely filed written objections to the
report and recommendation.
The plaintiff’s objections, in full, are as follows:
I object to finding that I was injured by Capt. White on Nov. 22, 2016.
I object to witness testimony when they say the[] assault never
happened. I object to all finding of facts and recommendations to
which objection is made and specific basis for objecting. How did
plaintiff get injured and why was plaintiff given x-ray and Nurse
Marcano didn’t document all of my injuries.
(Doc. 40) (alteration added).
While the plaintiff objects to the witnesses’ testimony, he points to no
specific finding of fact or conclusion of law that was not in accord with the

testimony given in open court and under oath. The hearing testimony and exhibits
from all witnesses other than the plaintiff failed to support the plaintiff’s claim he
was repeatedly hit by the defendant, Captain White.

While Nurse Marcano

testified he sent the plaintiff for an x-ray because the plaintiff claimed his nose was
broken, he also testified his policy was to order an x-ray whenever a prisoner
claimed an injury, the plaintiff did not state how his nose was injured, and the xray showed no abnormalities.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the court ADOPTS the
magistrate judge’s report and ACCEPTS the recommendation. The court WILL
GRANT judgment in favor of the defendant and against the plaintiff on all claims
in the plaintiff’s complaint, with costs taxed as paid.
The court will enter a separate judgment in accordance with this
memorandum opinion.
DONE and ORDERED this February 28, 2019.

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ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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