Wright v. Henderson et al

Filing 45

ORDER adopting 43 Report and Recommendations and granting 32 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 7/27/2012. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION WILLIE WRIGHT, ) ) Plaintiff, ) ) v. ) ) DR. BARRY HENDERSON, et al., ) ) Defendants. ) _________________________________ ) CIVIL ACTION NO. 5:10-CV-201 (MTT) ORDER This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 43). The Magistrate Judge recommends granting the Defendants’ Motion to Dismiss because the Plaintiff’s 42 U.S.C. § 1983 claim is based upon a disagreement over his medical treatment, and thus does not rise to the level of deliberate indifference. The Plaintiff filed an objection to the Recommendation. (Doc. 44). Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Parties’ objections and has made a de novo determination of the portions of the Recommendation to which the Parties object. The Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Motion is GRANTED. SO ORDERED, this 27th day of July, 2012. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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