Carey v. Allah et al

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEMETRIUS ISAAC CAREY,
Plaintiff,
v.
E. ALLAH, et al.,
Defendants.
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Case No. 2:25-cv-00770-ACA-SGC
ORDER
Demetrius Isaac Carey filed a pro se complaint alleging violations of his civil
rights. (Doc. 1). On August 13, 2026, the magistrate judge entered a report
recommending the court dismiss without prejudice Mr. Carey’s Eighth Amendment
medical claims against Defendant YesCare Medical Services under 28 U.S.C.
§ 1915A(b)(1) for failing to state a claim upon which relief may be granted. (Doc.
8). The magistrate judge further recommended that the court permit Mr. Carey’s
other claims to proceed. (Id.). Although the magistrate judge advised Mr. Carey of
his right to object and the consequences of failing to object (id. at 9–10), Mr. Carey
has not objected.
Mr. Carey’s failure to file specific objections waives any challenge to the
proposed findings and recommendations. See 28 U.S.C. § 636(b)(1); 11th Cir. R. 3-
1. The court therefore ADOPTS the report and ACCEPTS the recommendation.
FILED
2026 Oct-13 PM 04:39
U.S. DISTRICT COURT
N.D. OF ALABAMA
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Consistent with that recommendation, the court DISMISSES Mr. Carey’s Eighth
Amendment 	medical 	claims 	against 	YesCare 	Medical 	Services 	WITHOUT
PREJUDICE. The court REFERS Mr. Carey’s remaining claims to the magistrate
judge for further proceedings.
DONE and ORDERED this October 13, 2026.
_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00770-ACA-SGC Document 10 Filed 10/13/26 Page 2 of 2