Lewis v. Lewis et al

Filing 9

ORDER adopting 4 Final Report and Recommendation, dismissing action. Signed by Judge Thomas W. Thrash, Jr on 5/30/14. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
TIMOTHY TERRELL LEWIS,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:14-CV-1130-TWT

SCOTT LEWIS
P.A., et al.,
Defendants.

ORDER

This is a pro se prisoner civil rights action. It is before the Court on the Report
and Recommendation [Doc. 4] of the Magistrate Judge recommending dismissing the
action as barred by the statute of limitations. The Plaintiff complains of the lack of
medical treatment that he received as an inmate of the Atlanta Federal Penitentiary.
He filed this lawsuit more than three years after he left Atlanta. The statute of
limitations began to run when the Plaintiff knew or should have known that the
medical staff was indifferent to his medical needs. The statute of limitations was not
tolled until the Plaintiff received a definitive diagnosis of an abdominal hernia. The
Court approves and adopts the Report and Recommendation as the judgment of the
Court. This action is DISMISSED.
T:\ORDERS\14\Lewis\r&r.wpd

SO ORDERED, this 30 day of May, 2014.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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