WHEELER v. CORIZON MEDICAL

Filing 37

ORDER adopting Chief Magistrate Judge's 34 REPORT AND RECOMMENDATION. Defendant Bayolo's Motion to Dismiss (ECF No. 26 ) is GRANTED only to the extent that Plaintiff's state law claim for medical negligence or ma lpractice is DISMISSED without prejudice and that the motion is DENIED in all other respects. Plaintiff's "Motion to Submit Relevant Documents and Plaintiff's Motion For Summary Judgment" (ECF No. 32 ) is DENIED without prejudi ce. Affidavits generally submitted by Plaintiff (ECF Nos. 15 , 16 , 17 , 18 , 19 , 20 ) are STRICKEN and shall be returned to him. Signed by SENIOR JUDGE LACEY A COLLIER on 01/11/2017. (MB) (Declaration documents returned as instructed).

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JIMMY LEE WHEELER,
Inmate No. 046120,
Plaintiff,
vs.

Case No.: 5:16cv96/LAC/EMT

CORIZON MEDICAL HEALTH
CARE SERVICES, et al.,
Defendants.
___________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated December 27, 2016 (ECF No. 34). The parties have been
furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto, I have determined that the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1.

The chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

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2.

Defendant Bayolo’s Motion to Dismiss (ECF No. 26) is GRANTED

only to the extent that Plaintiff’s state law claim for medical negligence or
malpractice is DISMISSED without prejudice and that the motion is DENIED in all
other respects.
3.

Plaintiff’s “Motion to Submit Relevant Documents and Plaintiff’s

Motion For Summary Judgment” (ECF No. 32) is DENIED without prejudice.
4.

The Affidavits generally submitted by Plaintiff (ECF Nos. 15–20) are

STRICKEN and shall be returned to him.
DONE AND ORDERED this 11th day of January, 2017.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

C ase No .: 5 :1 6cv9 6/L AC/E M T