Coleman v. McLemore et al, No. 2:2019cv00899 - Document 33 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION AND ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS the recommendation. Accordingl y, the defendants' motion for summary judgment is: (1) GRANTED as to the plaintiff's claims against the Alabama Department of Corrections and claims concerning the denial or delay of medical and mental health care; and (2) DENIED as to the remaining claims. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 9/30/2020. (PSM)

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Coleman v. McLemore et al Doc. 33 FILED 2020 Sep-30 PM 01:15 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEMARCUS VIDAL COLEMAN, Plaintiff, v. ZACKERY McLEMORE, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-00899-LSC-SGC MEMORANDUM OPINION AND ORDER The magistrate judge entered a report and recommendation on August 24, 2020. (Doc. 31). The report, which construed the defendants’ special report as a motion for summary judgment, recommended the motion be granted in part and denied in part. (Id.). Specifically, the magistrate judge recommended the motion be granted as to the plaintiff’s claims: (1) against the Alabama Department of Corrections; and (2) concerning the denial or delay of medical and mental health care. (Id.). The magistrate judge further recommended the motion be denied as to the plaintiff’s Eighth Amendment excessive force claims against the correctional officer defendants in their individual capacities. (Id.). Although the report and recommendation advised the parties of their rights to file specific written objections within fourteen days, neither party has objected. Dockets.Justia.com Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Accordingly, the defendants’ motion for summary judgment is: (1) GRANTED as to the plaintiff’s claims against the Alabama Department of Corrections and claims concerning the denial or delay of medical and mental health care; and (2) DENIED as to the remaining claims. This matter is REFERRED to the magistrate judge for further proceedings. DONE and ORDERED on September 30, 2020. _____________________________ L. Scott Coogler United States District Judge 160704 2

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