Irvin v. State of Alabama Department of Corrections et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court ACCEPTS the R&R and ADOPTS it as the finding of the Court; The motion for summary judgment is GRANTED and all federal claims are DISMISSED WITH PREJUDICE and the state-law medical malpractice claim is DISMISSED WITHOUT PREJUDICE. Signed by Judge Liles C Burke on 2/17/2021. (AHI )

FILED
2021 Feb-17 AM 10:33
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GEORGE EUGENE IRVIN,
Plaintiff,
V.
DR. ROBINSON, et al.,
Defendants.

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Case No.: 5:19-cv-0720-LCB-GMB

ORDER
On January 25, 2021, U.S. Magistrate Judge Gray M. Borden issued a Report
and Recommendation in accordance with 28 U.S.C. § 636(b)(1) recommending (1)
that the motions for summary judgment filed by Jerry E. Robbins, MD1 (Doc. 20)
and Prem Gulati, MD; Taylor McElroy, RN; and Tamara Jones, RN (Doc. 21) be
granted;2 (2) that all federal claims in this action be dismissed with prejudice; and
(3) that the Court, in accordance with 28 U.S.C. § 1367(c)(3), decline to exercise
supplemental jurisdiction over plaintiff George Eugene Irvin’s state-law claim for
medical malpractice. (Doc. 23). No party has objected to the Report and
Recommendation.

1

In the Amended Complaint (and thus the caption), Jerry E. Robbins, MD is incorrectly identified
as “Dr. Robinson.” (Doc. 11).
2
Documents 20 and 21 were filed by order of the Magistrate Judge as Special Reports. (Doc. 15).
By further order of the Magistrate Judge, these special reports were deemed—and are thus now
construed as—motions for summary judgment. (Doc. 22).

If a party objects to a portion of a Magistrate Judge’s report or proposed
findings or recommendations, the District Court must conduct a de novo review of
those portions of the report to which the party has specifically objected. 28 U.S.C.
§ 636(b)(1). Unchallenged portions of a Magistrate Judge’s report are reviewed for
clear error. See LoConte v. Dugger, 847 F.2d 745, 750 (11th Cir. 1988).
Having reviewed the proposed findings and recommendations for clear error,
the Court concludes that the Magistrate Judge’s Report and Recommendation
(Doc. 23) should be ACCEPTED and hereby ADOPTS it as the findings of the
Court. The defendants’ motions for summary judgment (Docs. 20 and 21) are
therefore GRANTED; all federal claims are DISMISSED WITH PREJUDICE;
and Irvin’s state-law medical malpractice claim is DISMISSED WITHOUT
PREJUDICE.
The Clerk of Court is DIRECTED to close the case.
DONE and ORDERED this February 17, 2021.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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