LONG v. HOSSEINI

Filing 104

ORDER adopting Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 102 ) and Plaintiff's objections (Doc. 103 ). Defendants' motions for summary judgment (Docs. 89 , 90 ) are GRANTED. The Clerk shall enter judgment in favor of Defendants and close the case file. Signed by JUDGE T KENT WETHERELL II on 3/9/2021. (mb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CURTIS A. LONG,
Plaintiff,
v.

Case No. 5:18cv72-TKW-HTC

DOCTOR S. HOSSEINI and NURSE
JONES,
Defendants.
/
ORDER
This case is before the Court based upon the magistrate judge’s Report and
Recommendation (Doc. 102) and Plaintiff’s objections (Doc. 103). Based on the my
de novo review of the issues properly raised in the objections,1 I agree with the
magistrate judge’s determination that Defendants are entitled to summary judgment
because the undisputed evidence establishes that Defendants were not deliberately
indifferent to Plaintiff’s complaints about hip pain or his unfounded and speculative
concern that his hip replacement may have failed causing metallosis.
The objections primarily focus on the magistrate judge’s denial of Plaintiff’s motions to
compel and stay (Doc. 99), not the merits of Defendants’ motions for summary judgment. The
magistrate judge’s Order denying the motions to compel and stay was entered on February 2, 2021,
and Plaintiff’s objections were not provided to prison officials for mailing until March 2, 2021.
Accordingly, the objections are untimely to the extent they challenge the denial of the motions to
compel and stay. See Fed. R. Civ. P. 72(a) (requiring objections to rulings on non-dispositive
matters to be filed within 14 days after the ruling). That said, I fully agree with the magistrate
judge’s ruling on the motion to compel and I find that the magistrate judge’s denial of the motion
to stay was not clearly erroneous or contrary to law under the circumstances.
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Accordingly, it is ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.

2.

Defendants’ motions for summary judgment (Docs. 89, 90) are
GRANTED.

3.

The Clerk shall enter judgment in favor of Defendants and close the
case file.
DONE and ORDERED this 9th day of March, 2021.

T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

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