Summary
finding that "the charging of a fee to prisoners for medical treatment from their [available] funds has been held to be constitutional when challenged on several due process and Eighth Amendment grounds"
Summary of this case from Madison v. PayneOpinion
Civil Action 99-0891-RV-L.
August 18, 2000
JUDGMENT
It is ORDERED, ADJUDGED, and DECREED that Plaintiff's federal claims be and hereby dismissed pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i) and (ii) as frivolous or for failure to state a claim upon which relief may be granted. It is further ORDERED that Plaintiff's state law claims be and are hereby dismissed without prejudice pursuant to 28 U.S.C. § 1367 (c)(3). It is further ORDERED that this action be and is hereby dismissed without prejudice in its entirety.
DONE this 17 day of August, 2000.
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff's federal claims be and hereby dismissed pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i) and (ii) as frivolous or for failure to state a claim upon which relief may be granted. It is further ORDERED that Plaintiff's state law claims be and are hereby dismissed without prejudice pursuant to 28 U.S.C. § 1367 (c)(3). It is further ORDERED that this action be and is hereby dismissed without prejudice in its entirety.
The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the Report and Recommendation recommending the dismissal of this action, this Order adopting the Report and Recommendation, and the Judgment dismissing this action.
DONE this 17 day of August, 2000.