Birdsong v. Ivey et al

Filing 58

ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS - It is ORDERED that Summary Judgment should be GRANTED in favor of Defendants Ivey, Dunn, DeSpain, Conway, Dailey, and Thompkins, and Plaintiffs claim for denial of medical care or mental health treat ment should be DISMISSED. Furthermore, Summary Judgment should be DENIED as Defendants Stewart, Raybon, and Bolar. This action is referred to the Magistrate Judge for entry of an appropriate scheduling order for discovery and trial as set out. Signed by Chief Judge Kristi K. DuBose on 10/15/2020. (srd) Copy to Plaintiff.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
GABRIEN BIRDSONG.,
Plaintiff,

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vs.
GOVERNOR KAY IVEY, et al.,
Defendants.

CIVIL ACTION 19-252-KD-N

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 Recommendation
to which objection is made, the Recommendation of the Magistrate Judge made under 28
U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court.
Accordingly, It is ORDERED that:
1. Summary judgment is GRANTED in favor of Defendants Ivey, Dunn,
DeSpain, Conway, Dailey, and Thompkins;
2. Summary judgment is DENIED as to Defendants Stewart, Raybon, and Bolar;
and
3. Plaintiff’s claim for denial of medical or mental health care is DISMISSED.
This action is referred to the Magistrate Judge for entry of an appropriate scheduling
order for discovery and trial.
DONE and ORDERED this 15th day of October 2020.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES CHIEF DISTRICT JUDGE