Campbell v. Boyd County, Kentucky et al

Filing 127

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the Magistrate Judge's 124 REPORT AND RECOMMENDATIONS is hereby APPROVED and ADOPTED as for the opinion of the Court and, that in conformity therewith, the Defendants' Motion for Summary Judgment DE# 93 is hereby SUSTAINED. A judgment in favor of the Defendants will be entered contemporaneously herewith. Signed by Judge Henry R. Wilhoit, Jr on 9/20/2012.(KSS)cc: COR

Eastern D1str1ct of Kentucky
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
at ASHLAND

F I LED

SEP 20 2012
AT ASHLAND
ROBERT R. CARR
CLERK U.S. DISTRICT COURT

CIVIL ACTION NO. lO-62-HRW

MICHAEL CAMPBELL,
v.

PLAINTIFF,

ORDER

BOYD COUNTY, KENTUCKY, et al.,

DEFENDANTS.

This matter is before the Court upon Defendants' Motion for Summary Judgment
[Docket No. 93].
Pursuant to 28 U.S.C. § 636(b), the undersigned referred the motion to Magistrate Judge
CANDACE 1. Smith for a report and recommendation [Docket No. 104].
On August 15,2012, the Magistrate issued her report and recommendation that the
motion be sustained [Docket No. 124]. Specifically, concluded that Plaintiff's medical
negligence claims are time barred.
Plaintiff filed timely objections to the Magistrate's Report and Recommendation [Docket
No. 125]. The Court having reviewed the objections, as well as the record, finds nothing therein
which would contradict or call into question the findings of the Magistrate. The Objections are,
essentially, a reiteration of the arguments set forth in Plaintiff's response to Defendants' motion.
Those arguments were considered and rejected by the Magistrate Judge and Plaintiff offers no
additional argument which would persuade this Court to differ with the Magistrate Judge's
recommendation.
Thus, the Court shall adopt the report and recommendation as and for its own opinion.

Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge's report and
recommendation [Docket No. 124] is hereby, APPROVED and ADOPTED as for the opinion
of the Court and, that in confonnity therewith, the Defendants' Motion for Summary Judgment
[Docket No. 93] is hereby SUSTAINED. A judgment in favor of the Defendants will be entered
contemporaneously herewith.
This 20th day of September, 2012.

Henry R. Wilhoit, Jr., Senior Judge

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