Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: ORDER JAMES H. HANCOCK, Senior District Judge. By a report and recommendation entered on July 11, 2014, the magistrate judge recommended as follows: 1. The motion for summary judgment (Doc. 20) as to Defendant Gray is due to be GRANTED, and the claims against Defendant Gray are due to be DISMISSED WITH PREJUDICE; 2. The Alabama Department of Corrections is due to be DISMISSED as a defendant; 3. The motions for summary judgment (Docs. 20 and 33) as to Plaintiff's claims against Defend
Summary: ORDER JAMES H. HANCOCK, Senior District Judge. By a report and recommendation entered on July 11, 2014, the magistrate judge recommended as follows: 1. The motion for summary judgment (Doc. 20) as to Defendant Gray is due to be GRANTED, and the claims against Defendant Gray are due to be DISMISSED WITH PREJUDICE; 2. The Alabama Department of Corrections is due to be DISMISSED as a defendant; 3. The motions for summary judgment (Docs. 20 and 33) as to Plaintiff's claims against Defenda..
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ORDER
JAMES H. HANCOCK, Senior District Judge.
By a report and recommendation entered on July 11, 2014, the magistrate judge recommended as follows:
1. The motion for summary judgment (Doc. 20) as to Defendant Gray is due to be GRANTED, and the claims against Defendant Gray are due to be DISMISSED WITH PREJUDICE;
2. The Alabama Department of Corrections is due to be DISMISSED as a defendant;
3. The motions for summary judgment (Docs. 20 and 33) as to Plaintiff's claims against Defendants Byers, MacMillan, and Bailey in their official capacities for monetary relief are due to be GRANTED, and such claims are due to be DISMISSED WITH PREJUDICE;
4. The motions for summary judgment (Docs. 20 and 33) as to Plaintiff's Eighth Amendment failure-to-protect claims against Defendants Byers, MacMillan, and Bailey in their individual capacities are due to be DENIED, as is their attempt to invoke qualified immunity;
5. To the extent Plaintiff was attempting to raise a claim of deliberate indifference to serious medical needs, such claim is DISMISSED.
(Doc. 36 at 17-18). The parties were allowed fourteen (14) days to file written objections to the magistrate judge's report and recommendation. (Id.). No objections have been filed.
Having carefully reviewed and considered de novo all the materials in the court file, the court is of the opinion the magistrate judge's report is due to be and is hereby ADOPTED and the magistrate judge's recommendation is ACCEPTED. Regarding all claims, issues, and parties as to which the magistrate judge recommended granting summary judgment, the court EXPRESSLY FINDS there are no genuine issues of material fact, and judgment is appropriate as a matter of law.
The motions for summary judgment are GRANTED as to Plaintiff's claims against Defendant Gray and the Alabama Department of Corrections, and such claims and defendants are DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendants Byers, MacMillan, and Bailey in their official capacities for monetary relief are GRANTED, and such claims are DISMISSED WITH PREJUDICE. The motions for summary judgment as to Plaintiff's Eighth Amendment failure-to-protect claims against Defendants Byers, MacMillan, and Baily in their individual capacities are DENIED. To the extent Plaintiff was attempting to raise a claim of deliberate indifference to serious medical needs, such claim is DISMISSED.
Remaining in this case are the individual capacity claims for failure to protect asserted against Defendants Byers, MacMillan, and Bailey. Defendants Byers, MacMillan, and Bailey are ORDERED to file an answer to Plaintiff's claims within twenty (20) days of the entry date of this order.
