ANDERSON v. MCNEIL

Filing 9

*** VACATED PER 12 ORDER*** --- ORDER ADOPTING REPORT AND RECOMMENDATION 8 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 5/28/2009. This case is dismissed with prejudice, and the Clerk is directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (kdm) Modified on 6/8/2009 to add text (kdm).

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ASTON ANDERSON, JACQUELIN TWIGGS, Plaintiffs, v. HUMPHRIES, JACKSONVILLE MEMORIAL HOSPITAL, WALTER MCNEIL, Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 8, recommending that Plaintiff's amended complaint, Doc. 7, be dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The time for filing objections has passed, and none have been filed. The Court agrees that plaintiff's complaint concerning the adequacy of medical treatment received at a private hospital fails to state a civil rights claim against prison officials. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. This case is dismissed with prejudice, and the Clerk is directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). CASE NO. 4:09-cv-00006-MP-WCS

DONE AND ORDERED this 28th day of May, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge