Spangler v. Butler et al (INMATE 1), No. 2:2016cv00794 - Document 65 (M.D. Ala. 2017)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 12/19/2017. (wcl, )
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Spangler v. Butler et al (INMATE 1) Doc. 65 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION MARCUS MONTEZ SPANGLER, ) ) ) ) ) ) ) ) ) Plaintiff, v. NURSE BUTLER, et al., Defendants. CIVIL ACTION NO. 2:16cv794-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed this lawsuit bringing constitutional claims of excessive force, failure to protect, denial of access to medical care, and improper disciplinary action. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed without prejudice for failure to respond to the defendants’ report and answer as ordered by the court. special Plaintiff filed an objection to the recommendation in which he reported that he had been able to respond because he had been placed in suicide watch. In response, the Dockets.Justia.com magistrate judge gave him an extension of time in which to file an appropriate response to defendants’ special report and answer. The extended deadline has now come and gone with no response from plaintiff. Accordingly, after an independent and de novo review of the record, the court overruled concludes and the that the magistrate objection judge’s should be recommendation adopted. An appropriate judgment will be entered. DONE, this the 19th day of December, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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