Gaines v. Corizon Health, No. 2:2016cv01364 - Document 11 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/5/2016. (YMB)

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Gaines v. Corizon Health Doc. 11 FILED 2016 Dec-05 AM 11:11 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PHILLIP GAINES, Plaintiff, v. DR. ROY RODDAM, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number 2:16-cv-01364-AKK-TMP MEMORANDUM OPINION The magistrate judge filed a report on November 17, 2016, recommending that this court dismiss Phillip Gaines’s amended complaint, docs. 8; 9, for failure to state a claim upon which relief can be granted. Doc. 10 at 8. Moreover, to the extent Gaines has attempted to allege state law negligence claims, the magistrate judge recommended that this court dismiss such claims without prejudice to Gaines’s refiling them in state court, pursuant to 28 U.S.C. § 1367. Id. The magistrate judge advised the parties of their right to file specific written objections within fourteen days, id., but no party filed objections within the allotted time period. Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation, the court is of the opinion that the magistrate judge’s report is due to be ADOPTED, and the recommendation ACCEPTED. Consequently, Gaines’s amended complaint, docs. 8; 9, is due to be DISMISSED. The court will contemporaneously enter an order of final judgment in accordance with the foregoing. DONE the 5th day of December, 2016. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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