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HOOD v. PERKINS, 2:11-CV-1896-AKK-JEO. (2012)

Court: District Court, N.D. Alabama Number: infdco20120709419 Visitors: 9
Filed: Jul. 06, 2012
Latest Update: Jul. 06, 2012
Summary: MEMORANDUM OPINION ABDUL K. KALLON, District Judge. The magistrate judge filed a report and recommendation on May 25, 2012, recommending that the defendants' motion for summary judgment be granted and this cause be dismissed with prejudice. (Doc. 54). The plaintiff filed objections on June 6, 2012. (Doc. 56). In objecting to the report and recommendation the plaintiff continues the same allegations that he made in original complaint, that he is now in kidney failure and receiving dialysis th
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MEMORANDUM OPINION

ABDUL K. KALLON, District Judge.

The magistrate judge filed a report and recommendation on May 25, 2012, recommending that the defendants' motion for summary judgment be granted and this cause be dismissed with prejudice. (Doc. 54). The plaintiff filed objections on June 6, 2012. (Doc. 56).

In objecting to the report and recommendation the plaintiff continues the same allegations that he made in original complaint, that he is now in kidney failure and receiving dialysis three days a week because the defendants denied him adequate medical care during the five months he was in the Lamar County Jail. It is clear from the medical records submitted to the court that the plaintiff arrived at the Lamar County Jail after being diagnosed with hypertension, diabetes and kidney disease. However, the plaintiff has not submitted any facts to show that these defendants were deliberately indifferent to his medical needs.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, and the objections filed by the plaintiff, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Accordingly, defendants' motion for summary judgment is due to be GRANTED and this action is due to be DISMISSED WITHOUT PREJUDICE. A Final Judgment will be entered.

Source:  Leagle

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