Shaw v. Hood et al

Filing 14

ORDER-re: Report and Recommendation 8 . The court ADOPTS and APPROVES the findings and recommendation of the Magistrate Judge as the findings and conclusions of the court. Petitioner's Eighth Amendment medical care claims against the Departme nt of Veteran's Affairs, the Alabama Department of Corrections Health Services Division and Associate Director Ruth Naglich are DISMISSED WITH PREJUDICE. Petitioner's request for preliminary injunction relief is also DENIED. The Eighth Am endment medical care claims against Corizon Health, Inc. Hugh M. Hood, Dr. James Whitley, and Georgia Miller are REFERRED to the Magistrate Judge for further proceedings. The Court DIRECTS the Magistrate Judge to address arguments presented in Petitioner's Motion to Amend Complaint 7 . Signed by Judge R David Proctor on 10/14/2014. (AVC)

FILED
2014 Oct-14 PM 03:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
NATHANIEL SHAW,
Plaintiff,
v.
HUGH M. HOOD, et al.,
Defendants.

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Case No.: 7:14-cv-00389

ORDER
The Magistrate Judge entered a Report and Recommendation (Doc. # 8) on July 1, 2014,
recommending that certain of Plaintiff’s claims be dismissed. On August 18, 2014, Petitioner
filed objections to the Magistrate Judge’s Report and Recommendation. (Doc. # 12). After
careful consideration of the record in this case, the Magistrate Judge’s Report and
Recommendation, and Petitioner’s objections thereto, the court ADOPTS and APPROVES the
findings and recommendation of the Magistrate Judge as the findings and conclusions of the
court.
Accordingly, Petitioner’s Eighth Amendment medical care claims against the Department
of Veteran’s Affairs, the Alabama Department of Corrections Health Services Division and
Associate Director Ruth Naglich are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C.
§ 1915A(b)(1) and (2). Likewise, Petitioner’s request for preliminary injunctive relief is also
DENIED. The Eighth Amendment medical care claims against Corizon Health, Inc. Hugh M.
Hood, Dr. James Whitley, and Georgia Miller are REFERRED to the Magistrate Judge for
further proceedings. Furthermore, the court DIRECTS the Magistrate Judge to address the
arguments presented in Petitioner’s Motion to Amend Complaint (Doc. # 7).

DONE and ORDERED this October 14, 2014.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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