Bagwell v. Bentley et al

Filing 13

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS, GRANTING 9 MOTION for Leave to File an Amended Complaint as set out herein; plff's motion to voluntarily dismiss Governor Robert Bentley is GRANTED and the claim is DISMISSED; all claims again st dfts Corizon Medical Services and Prison Commissioner Kim Thomas are DISMISSED; the Eighth Amendment medical care claim against Dr. Randy Stubbs is REFERRED to the magistrate judge for further proceedings. Signed by Judge Abdul K Kallon on 4/13/15. (YMB)

FILED
2015 Apr-13 PM 12:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CHRIS BAGWELL,

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) Case no. 5:14-cv-0249-AKK-TMP
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Plaintiff,
v.
GOVERNOR ROBERT BENTLEY, et. al.,
Defendants.

ORDER
The magistrate judge filed a report and recommendation on December 2, 2014,
recommending that
!
the plaintiff’s motion to amend the complaint (doc. 9) to identify
defendant Dr. Stubbs as Dr. Randy Stubbs, and set out allegations concerning
Stubbs’s professional medical history in Louisiana be granted,
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the plaintiff’s motion to voluntarily dismiss (doc. 9) Governor Robert
Bentley as a defendant pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of
Civil Procedure be granted and the claim be dismissed,
!
all claims against defendants Corizon Medical Services and Prison
Commissioner Kim Thomas be dismissed pursuant to 28 U.S.C. § 1915A(b)(1)
and/or (2), and
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the Eighth Amendment medical care claim against Dr. Randy Stubbs
be referred to the magistrate judge for further proceedings.
(Doc. 10). 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
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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
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the plaintiff’s motion to amend the complaint (doc. 9) to identify
defendant Dr. Stubbs as Dr. Randy Stubbs, and set out allegations concerning
Stubbs’s professional medical history in Louisiana is GRANTED,
!
the plaintiff’s motion to voluntarily dismiss (doc. 9) Governor Robert
Bentley as a defendant pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of
Civil Procedure is GRANTED and the claim is DISMISSED,
!
all claims against defendants Corizon Medical Services and Prison
Commissioner Kim Thomas are DISMISSED pursuant to 28 U.S.C. §
1915A(b)(1) and/or (2), and
!
the Eighth Amendment medical care claim against Dr. Randy Stubbs
is REFERRED to the magistrate judge for further proceedings.
The Clerk is DIRECTED to TERM document 9.
The Clerk is FURTHER DIRECTED to send a copy of this Order to the plaintiff.
DATED this the 13th day of April, 2015.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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