Brown v. Owens et al

Filing 18

ORDER ADOPTING 14 the Magistrate Judge's Report and Recommendations, Plaintiff's Objections are without merit and are OVERRULLED. Plaintiffs Complaint is DISMISSED. The Clerk of Court is authorized and directed to enter the appropriate Judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 3/24/2011. Signed by Chief Judge Lisa G. Wood on 3/24/2011. (csr)

-JEG Brown v. Owens et al

Doc. 18

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA 7U MAR 24 PM WAYCROSS DIVISION

C S dANTHONY RENARD BROWN, Plaintiff, vs. DR. OWENS; Correctional Officer WOODS; Nurse McELROY; Medical Director JOHNS; Warden DONALD JACKSON; Warden DANNY BENNETT; and Warden JOEL KNOWLES, Defendants. CIVIL ACTION NO.: CV5I0-117

ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff reiterates the concerns he set forth in his complaint regarding Defendants' alleged failure to give him Benadryl every day. "[A]n inmate must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Hill v. DeKaIb Req'l Youth Det. Ctr., 40 F.3d 1176, 1186 (11th Cir. 1994). A mere difference in medical opinion between medical personnel and the prisoner as to the diagnosis or course of treatment is insufficient to support an Eighth Amendment claim. Harris v. Thigpen, 941 F.2d 1495, 1505 (11th Cii. 1991). Plaintiff at most has alleged a difference in medical opinion concerning his course of treatment.

AO 72A (Rev. 8/82)

Dockets.Justia.com

Plaintiff's Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiff's Complaint is DISMISSED, as it fails to state a cognizable claim under 42 U.S.C. § 1983. The Clerk is authorized and directed to enter the appropriate Judgment of dismissal. SO ORDERED, this day of 12011.

IODBEY WOOD, CHIEF JUDGE D STATES DISTRICT COURT IERN DISTRICT OF GEORGIA

AO 72A (Rev. 8/82)

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