Faison v. G.K. Fountain Atmore, AL et al

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re 6 Complaint filed by Rodney P. Faison. Defendant Alabama Department of Corrections is dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. Defendant Wexford Medic al is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which can be granted. Plaintiff is granted leave to file a second amended complaint for the purpose of stating a claim against Defendant Wexford no later than 6/11/21. If a second amended complaint is not filed against Defendant Wexford, this action is dismissed in its entirety. Signed by District Judge Jeffrey U. Beaverstock on 4/27/21. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RODNEY P. FAISON, # 269664A,
Plaintiff,

:
:

vs.

:

WEXFORD MEDICAL, et al.,

:

Defendants.

CIVIL ACTION 21-0035-JB-MU

:
ORDER

After due and proper consideration of all portions of this file deemed relevant to
the issue raised, and there having been no objections filed, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is
ADOPTED as the opinion of this Court. It is ORDERED that the claims against Defendant
Alabama Department of Corrections be DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i) as frivolous, and the claims against Defendant Wexford Medical be
DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state
a claim upon which relief can be requested. It is further ORDERED that Plaintiff is
GRANTED leave to file a seconded amended complaint no later than June 11, 2021 for
the purpose of stating a claim against Defendant Wexford. In the absence of a second
amended complaint being timely filed, it is ORDERED that this action be and is hereby
DISMISSED in its entirety.
DONE and ORDERED this 27th day of April, 2021.
/s/ JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE