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16-008 - Davis v. Montgomery County Detention Facility et al (INMATE 2)(CONSENT)


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16-008 - Davis v. Montgomery County Detention Facility et al (INMATE 2)(CONSENT)
January 13, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Plf's complaint against Dft Montgomery County Commission be DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(i) & (iii); 2) Plf's complaint against Dft Quality Correctional Healthcare, Inc., be DISMISSED without prejudice under 28 USC § 1915(e)(2)(B)(ii); 3) Dfts Montgomery County Commission and Quality Correctional Healthcare, Inc., be DISMISSED as parties prior to service of the complaint; and 4) This case with respect to the remaining dfts be referred to the undersigned for further proceedings; Objections to R&R due by 1/27/2016. Signed by Honorable Judge Gray Michael Borden on 1/13/2016. (wcl, )
February 4, 2016
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ORDER re 6 Report and Recommendations entered on January 13, 2016. There being no timely objection filed to the Recommendation, and after a review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1. Plaintiffs complaint against Defendant Montgomery County Commission is DISMISSED with prejudice pursuant to 28 U.S.C. § 1918(e)(2)(B)(i) and (iii). 2. Plaintiff's complaint against Defendant Quality Correctional Healthcare, Inc. is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). 3. Defendants Montgomery County Commission and Quality Correctional Healthcare, Inc. are DISMISSED as parties prior to service of process. 4. This case with respect to the remaining Defendants is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 2/4/2016. (kh, )
August 3, 2016
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(VACATED PURSUANT TO COURT'S 36 ORDER) MEMORANDUM OPINION. Signed by Honorable Judge Gray M. Borden on 8/3/2016. (kh, ) Modified on 11/29/2016 (kh, ).