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)
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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