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Wheeler v. Corizon Medical Health Care Services

United States District Court, N.D. Florida, Panama City Division

January 11, 2017

JIMMY LEE WHEELER, Inmate No. 046120, Plaintiff,
v.
CORIZON MEDICAL HEALTH CARE SERVICES, et al., Defendants.

          ORDER

          LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

         This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated December 27, 2016 (ECF No. 34). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.

         Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.

         Accordingly, it is now ORDERED as follows:

         1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

         2. Defendant Bayolo's Motion to Dismiss (ECF No. 26) is GRANTED only to the extent that Plaintiff's state law claim for medical negligence or malpractice is DISMISSED without prejudice and that the motion is DENIED in all other respects.

         3. Plaintiff's “Motion to Submit Relevant Documents and Plaintiff's Motion For Summary Judgment” (ECF No. 32) is DENIED without prejudice.

         4. The Affidavits generally submitted by Plaintiff (ECF Nos. 15-20) are ...


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