Harden v. Southern Health Partners et al

Filing 50

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/16/15. (SAC )

FILED
2015 Dec-16 PM 12:33
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
HERRELL CHRISTOPHER HARDEN,
Plaintiff,
v.
SOUTHERN HEALTH PARTNERS,
et al.,
Defendants.

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Case No. 5:15-cv-0108-KOB-TMP

MEMORANDUM OF OPINION
The plaintiff alleges that the defendants failed to provide him adequate or
appropriate medical attention in violation of his Eight Amendment right to be free
from cruel and unusual punishment—that the defendants were deliberately indifferent
to his medical needs. The magistrate judge filed a report on November 20, 2015,
recommending that the court dismiss this action without prejudice for failure to
exhaust administrative remedies. In the alternative, the magistrate judge recommends
that the court treat the defendants' report as a motion for summary judgment and
grant the motion. (Doc. 49). Neither party filed any objections.
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 his recommendation.

The court finds that the

plaintiff’s deliberate indifference claims are due to be dismissed without prejudice for

failure to exhaust administrate remedies. Alternatively, the court EXPRESSLY
FINDS that no genuine issues of material fact exist on the deliberate indifference
claims; that the defendants are entitled to judgment as a matter of law on those
claims; and that the defendants' motion for summary judgment (doc. 45) is due to be
GRANTED.
The court will enter a separate Final Order.
DONE and ORDERED this 16th day of December, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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