Mays v. Davenport et al, No. 4:2014cv00808 - Document 43 (N.D. Ala. 2017)

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 magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS as further stated within.Signed by Judge L Scott Coogler on 2/21/2017. (PSM)
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Mays v. Davenport et al Doc. 43 FILED 2017 Feb-21 AM 10:21 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION MICHAEL MAYS, Plaintiff vs. LIEUTENANT SCOTT, et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 4:14-cv-00808-LSC-HGD MEMORANDUM OPINION AND ORDER The magistrate judge filed a report and recommendation on December 27, 2016, recommending the defendants’ motion for summary judgment be granted in part and denied in part. (Doc. 42). Although the parties were advised of their right to file specific written objections within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS the following: Page 1 of 2 Dockets.Justia.com 1. That defendants Scott, Shoebridge, and Jackson’s motion for summary judgment on the plaintiff’s Eighth Amendment failure to intervene claims is DENIED; 2. That defendants Scott, Shoebridge, and Jackson’s motion for summary judgment on the plaintiff’s Eighth Amendment failure to intervene claims on the basis of qualified immunity is DENIED; 3. That defendant McLemore’s motion for summary judgment on the plaintiff’s Eighth Amendment medical delay claim is GRANTED, the court finding no genuine issues of material fact exists; and 4.. That the plaintiff’s requests for injunctive relief are DENIED. This matter is REFERRED to the magistrate judge for further proceedings. Done this 21st day of February 2017. L. Scott Coogler United States District Judge [160704] Page 2 of 2