McGhee v. Carter et al (INMATE 2), No. 2:2017cv00415 - Document 33 (M.D. Ala. 2020)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 8/21/2020. (djy, )
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McGhee v. Carter et al (INMATE 2) Doc. 33 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LEON LAMAR McGHEE, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. WARDEN DERRICK CARTER, et al., Defendants. CIVIL ACTION NO. 2:17cv415-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state inmate, filed this lawsuit claiming that he was denied a mattress for almost two months, that the defendant warden failed to protect him from an assault by another inmate, and that the defendant medical providers delayed or denied him medical care for his injuries and other conditions. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants' should be granted. recommendation. motion for summary judgment There are no objections to the After an independent and de novo Dockets.Justia.com review of magistrate the record, judge’s the court recommendation concludes should be that the adopted, with one clarification. While the court agrees that summary be judgment should granted on the mattress claim, the court reaches that conclusion solely because the record does not show that the defendant warden was aware that plaintiff was denied a mattress. An appropriate judgment will be entered. DONE, this the 21st day of August, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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