Davis v. Corizon et al
MEMORANDUM OPINION that the court EXPRESSLY finds that there are no genuine issues of material fact and defendants are entitled to judgment as a matter of law on plaintiffs federal claims as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 7/29/2015. (AHI) Modified on 7/29/2015 (AHI).
2015 Jul-29 AM 10:31
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
CORIZON, et al.,
Case No. 5:13-cv-0949-CLS-TMP
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on July 2, 2015,
recommending that defendants’ motion for summary judgment (doc. 21) be granted on
plaintiff’s federal claims and that such claims be dismissed with prejudice.
magistrate judge further recommended that the court decline to exercise supplemental
jurisdiction over plaintiff’s state law claims of medical malpractice and negligence and
that such claims be dismissed without prejudice. The parties were allowed fourteen (14)
days to file objections and advised that the failure to file such objections would bar any
later challenge or review of the factual findings of the magistrate judge. No objections
have been filed by any party.
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 the recommendation is
ACCEPTED. The court EXPRESSLY finds that there are no genuine issues of material
fact and defendants are entitled to judgment as a matter of law on plaintiff’s federal
Accordingly, defendants’ motion for summary judgment is due to be GRANTED
and plaintiff’s federal claims are due to be DISMISSED WITH PREJUDICE. The court
DECLINES to exercise supplemental jurisdiction over plaintiff’s state law claims of
medical malpractice and negligence, and those clams are due to be DISMISSED
WITHOUT PREJUDICE. A Final Judgment will be entered.
DONE this 29th day of July, 2015.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?