Marable v. Corizon Health Care

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 Report and Recommendation. The recommendation is ACCEPTED. Accordingly, the court ORDERS the plaintiffs claims against defendant Dr. Dubose are SEVERED from this action and TRANSFERRED to the United States District Court for the Middle District of Alabama. The claims against defendant V. Odom remain pending in this action. Dr. Dubose (H.C.U. Doctor) terminated. Signed by Judge Virginia Emerson Hopkins on 7/12/2018. (KWC)

FILED
2018 Jul-12 PM 01:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ORRIN MARABLE,
Plaintiff,
v.
DR. DUBOSE, H.C.U. Doctor, et al.,
Defendants.

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Case No.: 7:18-cv-00573-VEH-SGC

ORDER
The plaintiff filed a pro se amended complaint in which he states claims for
deliberate indifference to his medical needs during his incarceration in multiple
prisons within the State of Alabama. (Doc. 13). On May 31, 2018, the magistrate
judge entered a report recommending the plaintiff’s claims arising from his
incarceration in Easterling Correctional Facility, which is located in the Middle
District of Alabama, be severed from his claims arising from his incarceration in
this district at Bibb Correctional Facility. (Doc. 16). The magistrate judge further
recommended that the severed claims be transferred to the United States District
Court for the Middle District of Alabama. (Id.). Although the report and
recommendation notified the plaintiff of his right to file objections, the plaintiff has
not objected; the time to object has expired.1
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The plaintiff filed an objection and response to the Order for Special Report (Doc. 21), an affidavit
(Doc. 22), interrogatories (Doc. 23), a motion to appoint counsel (Doc. 24), and a motion for

Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is ADOPTED and the recommendation is ACCEPTED. Accordingly, the court
ORDERS the plaintiff’s claims against defendant Dr. Dubose are SEVERED from
this action and TRANSFERRED to the United States District Court for the
Middle District of Alabama. The claims against defendant V. Odom remain
pending in this action.
DONE and ORDERED this the 12th day of July, 2018.

__________________________
Virginia Emerson Hopkins
United States District Judge

preliminary injunction (Doc. 25), all of which are dated June 29, 2018, and were docketed by the
court on July 9, 2018. None of these pleadings address the recommendation that the plaintiff’s
claims against Dr. Dubose be transferred to the Middle District of Alabama.