Anthony v. Boyd et al

Filing 11

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/13/2017. (PSM)

FILED
2017 Mar-13 PM 02:40
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
VERTIS JEROME ANTHONY,
Plaintiff,
v.
STATE OF ALABAMA, et al.,
Defendants.

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Case No. 5:16-cv-00164-LSC-SGC

MEMORANDUM OPINION
On December 14, 2016, the magistrate judge entered a report recommending
the plaintiff’s Eighth Amendment medical claims against the State of Alabama, the
Alabama Department of Corrections (ADOC), Corizon, Warden Gordy, and Nurse
Steward be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1), for
failing to state a claim upon which relief can be granted. (Doc. 6). The magistrate
judge further recommended that the plaintiff’s Eighth Amendment medical claims
against Warden Boyd, Nurse Flowers, and Nurse Parker be transferred to the
United States District Court for the Middle District of Alabama pursuant to 28
U.S.C. §§ 1404(a) and 1406(a). (Id.). On January 19, 2017, the plaintiff moved
for an extension of time to file objections to the report and recommendation. (Doc.
8). On January 26, 2017, the plaintiff filed objections. (Docs. 9, 10). Therefore,
the plaintiff’s motion for an extension of time is MOOT.

In his objections, the plaintiff reasserts that he has been denied adequate
medical care during his incarceration. (Doc. 9 at 2-3; Doc. 10 at 5). However, the
plaintiff does not address that the State of Alabama and its agencies are immune
from money damages or that he failed to sufficiently allege facts in his amended
complaint to state a claim for relief against defendants Corizon, Warden Gordy, or
Nurse Steward. Further, the plaintiff does not address that his claims against
defendants Boyd, Flowers, and Parker occurred at Draper Correctional Facility
and, therefore, should be transferred to the United States District Court for the
Middle District of Alabama. 1
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, and the objections thereto, the
magistrate judge’s report is ADOPTED and the recommendation is ACCEPTED.
Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the plaintiff’s Eighth
Amendment medical claims against the State of Alabama, ADOC, Corizon,
Warden Gordy, and Nurse Steward are due to be dismissed without prejudice for
failing to state a claim upon which relief can be granted.

Additionally, the

plaintiff’s Eighth Amendment medical claims against Warden Boyd, Nurse
Flowers, and Nurse Parker are due to be transferred to the United States District
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To the extent the plaintiff alleges additional claims in his objections that were not set forth in
his amended complaint, such as discriminatory conduct and equal protection and ex post facto
violations, such claims are not properly before the court. (Doc. 10). The magistrate judge
specifically notified the plaintiff that “[o]bjections should not contain new allegations, present
additional evidence, or repeat legal arguments.” (Doc. 6 at 13).
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Court for the Middle District of Alabama pursuant to 28 U.S.C. §§ 1404(a) and
1406(a).
A Final Judgment will be entered.
DONE and ORDERED on March 13, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

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