Carmichael v. Wexford Health Services Incorporated et al, No. 5:2021cv00096 - Document 19 (N.D. Ala. 2022)

Court Description: MEMORANDUM OPINION: The Court ADOPTS the Magistrate Judge's report and ACCEPTS the recommendation and the court finds there are no genuine issues of material fact and the defendants are entitle to judgment in their favor as a matt er of law; therefore, the Court GRANTS defendants motion or summary judgment on the plaintiff's Eighth Amendment claim for deliberate indifference and the plaintiff's state law medical malpractice claim be DISMISSED without prejudice. Signed by Judge Liles C Burke on 2/3/2022. (AHI)

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Carmichael v. Wexford Health Services Incorporated et al Doc. 19 FILED 2022 Feb-03 AM 09:43 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RODERICK CARMICHAEL, Plaintiff, v. DR. HOOPER, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:21-cv-00096-LCB-JHE MEMORANDUM OPINION The magistrate judge entered a report and recommendation on January 10, 2022, recommending the defendants’ motion for summary judgment (Doc. 11) be granted. (Doc. 18). Although the parties were advised of their right to file objections within 14 days, that time has expired with no objections having 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 court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. The court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment in their favor as a matter of law. Accordingly, the court shall ORDER that the defendants’ motion for summary judgment be GRANTED on the plaintiff’s Eighth Amendment claim for deliberate indifference Dockets.Justia.com to medical needs, and that the plaintiff’s state law medical malpractice claim be DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c). A Final Judgment will be entered. DONE and ORDERED February 3, 2022. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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