JACKSON v. FROMM

Filing 58

ORDER ACCEPTING AND ADOPTING 57 REPORT AND RECOMMENDATION - Defendant's Motion for Summary Judgment, ECF No. 53 , is GRANTED. The Clerk shall enter judgment stating, "Plaintiff's claims against defendant are dismissed with prejudice." The Clerk must close the file. Signed by JUDGE MARK E WALKER on 1/29/2014. (tdl)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DARRELL JACKSON,
Plaintiff,
v.

CASE NO. 5:11-cv-414-MW/GRJ

NURSE H. FROMM,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No.57, filed December 27, 2013. Upon consideration, no
objections having been filed,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion which addresses Plaintiff’s claim of deliberate indifference to a serious
medical need. To the extent Plaintiff also claims that Defendant is liable for the
unnecessary and wanton infliction of pain, the unrebutted evidence is that any pain
suffered by Plaintiff occurred during the course of a legitimate medical
examination. There is absolutely no evidence, not one scintilla, to suggest that
Defendant intentionally inflicted pain on Plaintiff for no medical purpose and thus
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Defendant is entitled to summary judgment even if the complaint is read more
expansively.
Defendant’s Motion for Summary Judgment, ECF No. 53, is GRANTED.
The Clerk shall enter judgment stating, “Plaintiff’s claims against defendant are
dismissed with prejudice.” The Clerk must close the file.
SO ORDERED on January 29, 2014.
s/Mark E. Walker
United States District Judge

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