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)
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)
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