Owens v. Lamb et al

Filing 115

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 91 ) and GRANTING Motion for Summary Judgment (Doc. 82 ). Signed by Judge Staci M. Yandle on 1/12/2021. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES OWENS,
Plaintiff,
vs.
NICHOLAS LAMB and LEIF
MCCARTHY,
Defendants.

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Case No. 17-CV-667-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation (“Report”) of United
States Magistrate Judge Reona J. Daly (Doc. 91), recommending that the motion for summary
judgment filed by Defendants Nicholas Lamb and Leif McCarthy (Doc. 82) be granted. Plaintiff
James Owens filed a timely objection (Doc. 110). For the following reasons, Judge Daly’s Report
is ADOPTED.
Owens filed an Amended Complaint pursuant to 42 U.S.C. § 1983 alleging that Defendant
McCarthy was deliberately indifferent to his medical needs between October 24, 2015 and
February 22, 2016 in violation of the Eighth Amendment (Count 1) (Docs. 5 and 53). Defendant
Nicholas Lamb, who is sued in his official capacity only, was the Warden of Lawrence
Correctional Center where Owens was incarcerated during the relevant time period. Owens has
since moved to the Taylorville Correctional Center, where the Chief Administrative Officer is
Todd Scott, the Assistant Warden. Defendants moved for summary judgment (Doc. 82) and Plaintiff
did not file a timely response.

Judge Daly issued a Report on the motion, setting forth the applicable law and her
conclusions (Doc. 91). After finding Plaintiff’s failure to respond was an admission of the merits
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of the motion, she concluded that McCarthy is entitled to summary judgment on Count 1 because
the record does not support a finding of deliberate indifference. Specifically, Judge Daly found
that McCarthy arranged for Owens to visit the health care unit after he complained about hip pain
on October 28, 2015 and in reliance on the judgment of medical professionals, returned Owens to
his cell after he received medical treatment on October 30, 2015. Judge Daly further recommends
that the Warden at Owens’ current place of incarceration be substituted for Lamb. Thus, Judge
Daly recommends that the motion for summary judgment be granted in favor of both Defendants
and against Plaintiff.
Since Owens filed an objection, this Court undertakes a de novo review of Judge Daly’s
findings and recommendations. 28 U.S.C. § 636(b)(1)(B), (C); FED. R. CIV. P. 72(b); SDIL-LR
73.1(b); see also Govas v. Chalmers, 965 F.2d 298, 301 (7th Cir. 1992). De novo review requires
the district judge to “give fresh consideration to those issues to which specific objections have
been made” and make a decision “based on an independent review of the evidence and arguments
without giving any presumptive weight to the magistrate judge’s conclusion.” Mendez v. Republic
Bank, 725 F.3d 651, 661 (7th Cir. 2013).
Owens raises no specific objections to Judge Daly’s Report and merely refers the Court to
his untimely and stricken response to the motion for summary judgment (Docs. 103 and 107). That
response was never properly before Judge Daly and therefore, the arguments therein are waived.
See United States v. Melgar, 227 F.3d 1038, 1040 (7th Cir. 2000) (holding that “arguments not
made before a magistrate judge are normally waived.”). Moreover, the undersigned finds that
waiver is particularly appropriate in this case as Owens was granted two extensions of time, giving
him almost 3 additional months, to respond to the motion for summary judgment (Docs. 87 and
90).

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Here Judge Daly thoroughly discussed and supported her conclusion that both McCarthy
and Scott, who is substituted for Lamb, are entitled to judgment as a matter of law. Owens has
presented no evidence or argument that contradicts that conclusion. Accordingly, Defendants’
Motion for Summary Judgment is GRANTED (Doc. 82). The Clerk of Court is DIRECTED to
enter judgment accordingly.
IT IS SO ORDERED.
DATED: January 12, 2021

STACI M. YANDLE
United States District Judge

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