King v. Henry et al

Filing 72

ORDER adopting the 70 Report and Recommendations as the Court's opinion and overrules Plaintiff's objections; granting Defendants' 62 Motion for Summary Judgment; denying Defendants' 64 Motion for Partial Summary Judgment; dismissing Plaintiff's Complaint and closes this case. The Plaintiff is denied in forma pauperis status on appeal. Signed by Chief Judge J. Randal Hall on 03/06/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION ROGER KING, Plaintiff, CIVIL ACTION NO.: 6:15-cv-17 ANGIELEA HENRY;PHYLLIS ALLEN; and DR. GARDNER, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, (doc. 70), to which Plaintiff filed Objections, (doc. 71). In his Objections, Plaintiff essentially voices his displeasure with the Magistrate Judge's factual findings and application of those facts to the controlling case law. The Court's review of the entire record, including all of the parties' filings and the Magistrate Judge's Report and Recommendation, indicates the Magistrate Judge's findings of fact and resulting application of relevant case law to those facts are correct. It appears Plaintiff confuses not having received what he deems to be proper and more prompt treatment for his Hepatitis C with having received no medical care and treatment at all. However, as the record bears, no rational juror could find Defendants were deliberately indifferent to Plaintiffs Hepatitis C throughout the course of his incarceration at Smith State Prison. (See Doc. 70, pp. 6-21.) The Court OVERRULES Plaintiffs Objections, and accordingly, ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court GRANTS Defendants' Motion for Summary Judgment, DENIES Plaintiffs Partial Motion for Summary Judgment, and DISMISSES Plaintiffs Complaint. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal and DENIES Plaintiff informa pauperis status on appeal. SO ORDERED,this day of March,2018. J. RAHBAL^mL,CHIEF JUDGE UNITED STATES DISTRICT COURT DISTRICT OF GEORGIA

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