Hines v. Correct Care Solutions, LLC et al

Filing 95

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that pursuant to the courts order dated 5/24/2011, the court ALLOWS the Plaintiffs Motion to Dismiss pursuant to Fed.R.Civ.P. 41(a)(2). Count One of Plaintiffs complaint, the FTCA Claim, is DISMISSED WI THOUT PREJUDICE. Defendant United States Motion to Dismiss is DENIED AS MOOT. Pursuant to the courts order dated 2/6/2012, Defendant Benyas Motion to Dismiss is GRANTED, Defendants CCS, Burnette, and Pences Motion to Dismiss Plaintiffs medical malp ractice claim is GRANTED, and Defendants CCS, Burnette, Pence, McMahon, Adams and New Hanover Countys Motion to Dismiss are DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants McMahon, Adams and New Hanover Countys motion for summary judgment are GRANTED and defendants Correct Care Solutions, LLC, Burnette, and Pences motion for summary judgment is GRANTED. Signed by Susan Edwards, Deputy for Julie A. Richards, Clerk of Court on 3/4/2013. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
MR. TIMOTHY HINES,
Plaintiff,

)
)
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v.
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)
)
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CORRECT CARE SOLUTIONS, LLC,
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BRANDI BURNETTE, JAMES PEACE,
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EDWARD J. McMAHON, individually
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and in his official capacity as sheriff of
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New Hanover County, North Carolina,
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CAPTAIN MARTY ADAMS, individually )
and in his official capacity as Captain
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and Detention Division Commander,
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New Hanover County Sherriff’s
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Department, NEW HANOVER COUNTY, )
NORTH CAROLINA, GEORGE BENYA, )
individually and in his official capacity
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as Deputy United States Marshal,
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UNITED STATES OF AMERICA,
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Defendants.
)

JUDGMENT
No. 7:10-CV-250-BO

Decision by Court.
This action came before the Honorable Terrence W. Boyle, United States District Judge, for ruling
as follows:
IT IS ORDERED, ADJUDGED AND DECREED that pursuant to the court’s order dated May
24, 2011, the court ALLOWS the Plaintiff’s Motion to Dismiss pursuant to Fed.R.Civ.P. 41(a)(2).
Count One of Plaintiff’s complaint, the FTCA Claim, is DISMISSED WITHOUT PREJUDICE.
Defendant United States’ Motion to Dismiss is DENIED AS MOOT. Pursuant to the court’s order
dated February 6, 2012, Defendant Benya’s Motion to Dismiss is GRANTED, Defendants’ CCS,
Burnette, and Pence’s Motion to Dismiss Plaintiff’s medical malpractice claim is GRANTED, and
Defendants’ CCS, Burnette, Pence, McMahon, Adams and New Hanover County’s Motion to
Dismiss are DENIED.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants McMahon,
Adams and New Hanover County’s motion for summary judgment are GRANTED and defendants
Correct Care Solutions, LLC, Burnette, and Pence’s motion for summary judgment is GRANTED.
The clerk is DIRECTED to enter judgment accordingly.

This Judgment Filed and Entered on March 4, 2013, and Copies To:
Seth Allen Neyhart (via CM/ECF Notice of Electronic Filing)
Jennifer B. Milak (via CM/ECF Notice of Electronic Filing)
Julie B. Bradburn (via CM/ECF Notice of Electronic Filing)
Bradley Owen Wood (via CM/ECF Notice of Electronic Filing)
Sharon C. Wilson (via CM/ECF Notice of Electronic Filing)

DATE
March 4, 2013

JULIE A. RICHARDS, CLERK
/s/ Susan K. Edwards
(By) Susan K. Edwards, Deputy Clerk