Burrell v. Infirmary West

Filing 28

ORDER ADOPTING 25 REPORT AND RECOMMENDATION entered re 8 MOTION to Dismiss stating that pltf's Amended Complaint be allowed, that deft's motion to dismiss be GRANTED in part, and DENIED in part, and that pltf's claim alleging violations under Title 18 USC 241 and 242, Title 42 USC 1985(2) and (3), and the First, Fifth, and Fourteenth Amendments be dismissed. Signed by Judge Kristi K. DuBose on 3/1/10. Copies to parties on 3/2/10. (mpp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JANICE C. BURRELL, Plaintiff, vs. INFIRMARY WEST, Defendant. ) ) ) ) ) CIVIL ACTION 09-00325-KD-B ) ) ) ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) and dated February 11, 2010 is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff's Amended Complaint be ALLOWED, that Defendant's Motion to Dismiss be GRANTED in part and DENIED in part, and that Plaintiff's claims alleging violations under Title 18 U.S.C. §§ 241 and 242, Title 42 U.S.C. § 1985(2) and (3), and the First, Fifth, and Fourteenth Amendments be DISMISSED. DONE and ORDERED this the 1st day of March 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE