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Bagwell v. Bentley

United States District Court, N.D. Alabama, Western Division

April 13, 2015

CHRIS BAGWELL, Plaintiff,
v.
GOVERNOR ROBERT BENTLEY, et. al., Defendants.

ORDER

ABDUL K. KALLON, District Judge.

The magistrate judge filed a report and recommendation on December 2, 2014, recommending that

• the plaintiff's motion to amend the complaint (doc. 9) to identify defendant Dr. Stubbs as Dr. Randy Stubbs, and set out allegations concerning Stubbs's professional medical history in Louisiana be granted,
• the plaintiff's motion to voluntarily dismiss (doc. 9) Governor Robert Bentley as a defendant pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of Civil Procedure be granted and the claim be dismissed,
• all claims against defendants Corizon Medical Services and Prison Commissioner Kim Thomas be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), and
• the Eighth Amendment medical care claim against Dr. Randy Stubbs be referred to the magistrate judge for further proceedings.

(Doc. 10). No objections have been filed.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and the magistrate judge's recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED, and DECREED that

• the plaintiff's motion to amend the complaint (doc. 9) to identify defendant Dr. Stubbs as Dr. Randy Stubbs, and set out allegations concerning Stubbs's professional medical history in Louisiana is GRANTED,
• the plaintiff's motion to voluntarily dismiss (doc. 9) Governor Robert Bentley as a defendant pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of Civil Procedure is GRANTED and the claim is DISMISSED,
• all claims against defendants Corizon Medical Services and Prison Commissioner Kim Thomas are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), and
• the Eighth Amendment medical care claim against Dr. Randy Stubbs is REFERRED to the magistrate judge for further proceedings.

The Clerk is DIRECTED to TERM document 9.

The Clerk is FURTHER DIRECTED to send a copy of this Order to the plaintiff.


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