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)

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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. ) ) ) ) ) ) ) ) ) ) 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 1 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.

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