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BAILEY v. FLORIDA DEPT. OF CORRECTIONS

No. 4D06-3519.

958 So.2d 986 (2007)

John BAILEY, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, James V. Crosby, Sec., FDOC, Willie Floyd, Warden G.C.I., Jean Dauphin, Medical Director, G.C.I., Wexford Health Services, Inc., and Florida Department of Health, Appellees.

District Court of Appeal of Florida, Fourth District.

May 23, 2007.

Attorney(s) appearing for the Case

John Bailey, Raiford, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Charles M. Fahlbusch, Senior Assistant Attorney General, Fort Lauderdale, for Appellees-Department of Corrections, Department of Health, James V. Crosby and Willie Floyd, and Mitchel Chusid and Scott M. Teich of Ritter Chusid Bivona & Cohen, LLP, Boca Raton, for Appellees-Wexford Health Sources, Inc. and Jean Dauphin.

PER CURIAM.

John Bailey, an inmate at Glades Correctional Institute, appeals the trial court's dismissal of his single-count complaint, which alleged medical malpractice and deliberate indifference to his medical needs under 42 U.S.C. § 1983. The trial court's dismissal order suggests that Bailey's complaint was deficient in its allegations regarding compliance with the pre-suit notice requirements of section 768.28(6)(a), Florida Statutes (2006), and exhaustion...

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