Concklin v. Hastings et al

Filing 34

ORDER ADOPTING 25 Report and Recommendations of the Magistrate Judge. The Defendants' 19 Motion to Dismiss, or in the Alternative Motion for Summary Judgment is granted. The Plaintiff's deliberate indifference claims regarding his her nia and left arm issues are dismissed, without prejudice. The Plaintiff's deliberate indifference claims concerning his cough is dismissed. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 11/15/2013. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION RICHARD CONCKLIN, Plaintiff, CIVIL ACTION NO.: CV213-012 V. DR. PETER LIBERO, and FRANK ADAIR, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff contends that only he, and not the Bureau of Prisons, is "sanctioned" for his alleged failure to exhaust his administrative remedies or to otherwise comply with the administrative remedies procedures. (Doc. No. 29, p. 2). The Magistrate Judge noted Plaintiff's assertions in this regard and found them to be without merit. Plaintiffs Objections offer nothing which reveals that this finding should be disturbed. Plaintiff also objects to the Magistrate Judge's conclusion that Plaintiff failed to create a genuine dispute as to any fact material to his Eighth Amendment claim regarding his cough. Even accepting Plaintiffs allegations as true, it is apparent that Plaintiff disagrees with the level of care and treatment he received for this condition. As AO 72A (Rev. 8/82) the Magistrate Judge advised Plaintiff, such contentions are legally insufficient to support a deliberate indifference to a serious medical needs claim. Plaintiffs Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendants' Motion to Dismiss or in the Alternate for Summary Judgment is GRANTED. Plaintiffs deliberate indifference claims regarding his hernia and left arm issues are DISMISSED, without prejudice. Plaintiffs deliberate indifference claim concerning his cough is DISMISSED. The Clerk of Court is directed to enter the app SO ORDERED, this f rate judgment of dismissal. 'Jc (AA e6 day of 2013. LISA 90OYWOOD, CHIEF -JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AO 72A (Rev. 8/82) 1 2

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