HOFFMAN v. JONES, et al

Filing 40

ORDER ACCEPTING AND ADOPTING 39 REPORT AND RECOMMENDATION. Signed by CHIEF JUDGE MARK E WALKER on 2/26/2019. The Clerk shall enter judgment stating, "Defendants' motions to dismiss the Complaint for failure to state a claim upon which relief may be granted are GRANTED. ECF Nos. 19 , 20 , 22 , and 23 ." The Clerk shall close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
GERALD RAY HOFFMAN,
Plaintiff,
v.

Case No. 1:17cv302-MW/GRJ

DR. ASBELTI LLORENS,
et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 39. Upon consideration, no objections having been filed by the
parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s opinion. This
Court, as it must, accepts Plaintiff’s allegations as true. However, the fact that Dr. Llorens
allegedly displayed a “bad attitude” etc. does not alter the fact that Plaintiff also alleges that Dr.
Llorens repeatedly saw him and treated him. In fact, Plaintiff alleges that Dr. Llorens ordered
numerous diagnostic tests and continued to try different medications. Plaintiff suggests that Dr.
Llorens got it wrong. The fact that Dr. Llorens got it wrong, without more, does not support a
claim of deliberate indifference. Plaintiff does not allege that Dr. Llorens intentionally let him
suffer or ignored his complaints. In order to state a claim against Dr. LLorens, Plaintiff has to
allege more than Dr. Llorens negligently treated his skin condition. The Clerk shall enter judgment
stating, “Defendants’ motions to dismiss the Complaint for failure to state a claim upon which

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relief may be granted are GRANTED. ECF Nos. 19, 20, 22, and 23.” The Clerk shall close the
file.
SO ORDERED on February 26, 2019.
s/Mark E. Walker
____
Chief United States District Judge

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