THOMPSON v. SMITH

Filing 40

ORDER ADOPTING 38 REPORT AND RECOMMENDATION. The defendants' motions to dismiss (docs. 26 & 27 ) are GRANTED. The plaintiff's second amended complaint and this action are DISMISSED for failure to state a claim upon which relief may be granted. The clerk shall enter judgment stating: "All claims are DISMISSED for failure to state a claim." Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/5/2014. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

MATTHEW THOMPSON,
Plaintiff,
v.

4:13cv71-WS

DIANE SMITH and MS.
L. SALVADOR, PA, CA,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed April 17, 2014. See Doc. 38. The magistrate judge recommends that
this case be dismissed for failure to state a claim upon which relief may be
granted. The plaintiff has filed objections (doc. 39) to the magistrate judge's
report and recommendation.
Having considered the record in light of the plaintiff's objections, the court
finds that the magistrate judge's report and recommendation should be adopted.

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The plaintiff claims that, by failing to place him on a permanent high calorie diet,
the defendants were deliberately indifferent to his serious medical needs.
Deliberate indifference is an extremely high standard, and the allegations made
by the plaintiff do not meet that standard. Among other things, the plaintiff's
second amended complaint, with attachments, reflects that the plaintiff's weight
was closely monitored by prison officials, resulting in the plaintiff's being placed
on a high calorie special diet seven times in three years. Such allegations doom
the plaintiff's claim that the defendants were deliberately indifferent to his dietary
needs.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 38) is hereby
ADOPTED and incorporated by reference into this order.
2. The defendants' motions to dismiss (docs. 26 & 27) are GRANTED.
3. The plaintiff's second amended complaint and this action are
DISMISSED for failure to state a claim upon which relief may be granted.
4. The clerk shall enter judgment stating: "All claims are DISMISSED for
failure to state a claim."
DONE AND ORDERED this

5th

day of

May

, 2014.

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s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE