Bass v. Wise et al

Filing 50

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 05/31/2013. (MSN)

FILED
2013 May-31 PM 02:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
TOMMY BASS,
Plaintiff
vs.
WARDEN D. J. WISE
and DOCTOR WHITE,
Defendants

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Case No. 6:11-cv-01050-LSC-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on May 1, 2013,
recommending defendants’ motion for summary judgment be granted and this cause
be dismissed with prejudice. (Doc. 48). Plaintiff filed objections on May 9, 2013,
(Doc. 49), wherein he repeated the claims made in his complaint. Plaintiff continues
to argue defendants violated his constitutional rights by delaying surgery on his
broken hip for 48 hours. Plaintiff has submitted nothing more than his own
conclusory statement that defendants could have transported him to the hospital and
surgery could have been performed more quickly. (Doc. 49)

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Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections filed by plaintiff, the
court is of the opinion that the magistrate judge’s report is due to be and is hereby
ADOPTED and his recommendation is ACCEPTED. The court EXPRESSLY FINDS
that there are no genuine issues of material fact and that the defendants are entitled
to judgment as a matter of law. Accordingly, defendants’ motion for summary
judgment is due to be GRANTED and this action is due to be DISMISSED WITH
PREJUDICE. A Final Judgment will be entered.
Done this 31st day of May 2013.

L. Scott Coogler
United States District Judge
[160704]

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