Berthelot v. Bailey et al

Filing 8

PARTIAL DISMISSAL ORDER ; ADOPTING REPORT AND RECOMMENDATIONS ; all pla's claims against all dfts except his claim of deliberate indifference to his serious medical needs against Officer Thomas and Deputy Smith are dismissed; remaining claims are referred to the magistrate for further proceedings. Signed by Judge L Scott Coogler on 3/10/2014. (KAM, )

FILED
2014 Mar-10 AM 10:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
PATRICK JON BERTHELOT,
Plaintiff
vs.
ERIC F. BAILEY, et al.,
Defendants

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Case No. 7:13-cv-01020-LSC-HGD

PARTIAL DISMISSAL ORDER
The magistrate judge filed a report and recommendation on January 7, 2014,
recommending that this action as to the Tuscaloosa County Jail, Maude Whatley, and
Chief of Operations Eric Bailey be dismissed pursuant to 28 U.S.C. § 1915A(b)(1)
and/or (2).

It was further recommended that plaintiff’s claims of deliberate

indifference to his serious medical needs against Officer Thomas and Deputy Smith
be referred to the magistrate judge for further proceedings. No objections have been
filed by any party.
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 judge’s report is due to be and is hereby ADOPTED and the magistrate
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judge’s recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED,
and DECREED that all of plaintiff’s claims against all defendants in this action,
except plaintiff’s claims of deliberate indifference to his serious medical needs
against Officer Thomas and Deputy Smith, are DISMISSED pursuant to 28 U.S.C.
§1915A(b). It is further ORDERED that plaintiff’s claims of deliberate indifference
to his serious medical needs against Officer Thomas and Deputy Smith are
REFERRED to the magistrate judge for further proceedings.
Done this 10th day of March 2014.

L. Scott Coogler
United States District Judge
[160704]

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