Coons v. Meeks et al(MAG+)
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|Date Filed||#||Document Text|
|January 6, 2011
ORDER as follows: (1) The magistrate judge's 26 Recommendation is rejected as to plaintiff Stanley L. Coons, Jr.'s federal medical-needs claim against defendant Dennis Meeks and Howard West. (2) Plaintiff Coons's federal medical-need s claim and defendants Meeks and West's 18 Motion to Dismiss are both referred back to the magistrate judge so that plaintiff Coons can draft and file, as suggested above in this order, an amended medical-needs claim that meets the magistrate judge's clarification requirements. As stated, defendants Meeks and West's current 18 Motion to Dismiss will then be denied as moot, and they could then file a new dismissal motion (if they so choose) challenging Coons's newly amended complaint. Signed by Honorable Myron H. Thompson on 1/6/2011. (dmn)
|October 15, 2010
AMENDED REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) The motion for summary judgment (Doc. 16 ), which the Court construes as a motion for default judgment) be DENIED; (2) The motion to dismiss (Doc. 18 ) be GRANTED in part and DENIE D in part; (3) Plaintiff's claims against Defendant Covington County, Alabama be dismissed with prejudice; (4) Plaintiff's claims against Defendants Meeks and West be dismissed with prejudice except for Plaintiff's § 1983 claim of deliberate indifference to his medical needs, which shall remain pending; (5) The Plaintiff be directed to file, within fourteen days of the adoption of this Recommendation, an amended complaint as to his surviving deliberate indifference claim; (6) Defendants motion to dismiss the claim for deliberate indifference to the Plaintiffs medical needs be denied without prejudice with leave to re-file after the Plaintiff is permitted to amend his complaint; (7) This case be REFERRED BACK to the Magistrate Judge for further appropriate proceedings. Objections to R&R due by 10/29/2010. Signed by Honorable Terry F. Moorer on 10/15/2010. (dmn)
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