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16-748 - Billingsley v. Daniels et al (INMATE 2)


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16-748 - Billingsley v. Daniels et al (INMATE 2)
March 13, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's complaint against Defendant Alabama Department of Corrections be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); 2. Plaintiffs complaint against Defendant Corizon Health Care be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii);3. Defendants Alabama Department of Corrections and Corizon be DISMISSED as parties to the complaint; and 4. This case regarding the remaining defendants be referred to the undersigned for further proceedings. Objections to R&R due by 3/27/2017. Signed by Honorable Judge Wallace Capel, Jr on 3/13/2017. (kh, )
April 27, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 4/27/2017. (kh, )
April 27, 2017
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ORDER: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 10) is adopted. (2) Plaintiff's claims against defendant Alabama Department of Corrections are dismissed with prejudice. (3) Plaintiff's claims against defendant Corizon Health Care are dismissed without prejudice. (4) Defendants Alabama Department of Corrections and Corizon are terminated as parties to this case. (5) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/27/2017. (Attachments: # (1) Civil Appeals Checklist)(kh, )