Hancock v. Hood et al

Filing 65

ORDER ADOPTING 64 REPORT AND RECOMMENDATIONS as set out, with the exception of footnote seven which is stricken.. Signed by Judge Kristi K. DuBose on 2/18/2010. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION DAVID HANCOCK, Plaintiff, v. JAMES HOOD, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION 2:09-00026-KD-N

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues 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) and Local Rule 72.2(c)(1), and dated January 25, 2010, is ADOPTED as the opinion of this Court with the exception of footnote seven which is STRICKEN. Accordingly, it is ORDERED that (1) the motion to dismiss filed by Dr. Brian S. Claytor (doc. 34) is GRANTED as follows: All claims asserted against Dr. Claytor are DISMISSED with prejudice except the claim under the Alabama Medical Liabilities Act, Ala. Code § 6-5-484 (1975) asserted against Dr. Claytor in Count Five of the Third Amended Complaint, which is DISMISSED without prejudice; (2) the alternative motion to transfer filed by Dr. Claytor (doc. 34) is DENIED; (3) the motion to dismiss filed by Perry County Sheriff James Hood (doc. 39) is

GRANTED and the claims asserted against Sheriff Hood are DISMISSED with prejudice; and (4) the motion to dismiss filed by Defendant Tommy Buford (doc. 60) is GRANTED and the claims asserted against Tommy Buford are DISMISSED with prejudice. Thus, it is ORDERED that this action is DISMISSED in its entirety. DONE and ORDERED this 18th day of February, 2010. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE