Poe v. USA

Filing 50

ORDER : The Magistrate Judge's Report and Recommendation 49 is APPROVED AND ADOPTED as for the opinion of the Court. IT IS FURTHER ordered that the motion of the US 37 for Summary Judgment is SUSTAINED and this mater be DISMISSED WITH PREJUDICE. Signed by Judge Henry R. Wilhoit, Jr on 8/24/20.(JLS)cc: CORand Wade Poe by US Mail

Case: 0:18-cv-00068-HRW-EBA Doc #: 50 Filed: 08/24/20 Page: 1 of 2 - Page ID#: 453

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT ASHLAND

Civil Action 18-68-HRW

WADE POE,
v.

PLAINTIFF,
ORDER

UNITED STATES OF AMERICA,

DEFENDANT.

Wade Poe (“Poe”) is currently incarcerated at the Federal Correctional Institution
(“FCI”) – Seagoville in Seagoville, Texas. Poe filed this civil action, pro se, pursuant to the
Federal Tort Claims Act (“FTCA”), alleging medical malpractice. [Docket No. 1].
After a preliminary review per 28 U.S.C. §§ 1915(e)(2), 1915A, the Court ordered that
the United States Marshal Service (USMS) serve the United States with a copy of the complaint
and a summons. [Docket No. 6].
Thereafter, the United States moved to dismiss Poe’s complaint, or alternatively, moved
for summary judgment. [Docket No. 14]. The Court overruled the motion, finding it premature
as neither party had been afforded the opportunity to conduct discovery. [Docket No. 18]. The
Court also found that Poe’s claims were not actually claims of medical malpractice, but instead
claims of negligence against staff at Poe’s prison facility, while under their medical care. Id.
This matter was referred to Magistrate Judge Edward B. Atkins for all pretrial
proceedings, including the considering of dispositive motions. Id.

Case: 0:18-cv-00068-HRW-EBA Doc #: 50 Filed: 08/24/20 Page: 2 of 2 - Page ID#: 454

The United States, again, moved for summary judgment [Docket No. 37]. Poe responded,
thrice. [Docket Nos. 43, 44, & 46]. The United States filed a reply. [Docket No. 45].
Judge Atkins recommends that United States’ motion be granted, and that Poe’s claims
be dismissed with prejudice. [Docket No. 48].
Poe has filed objections. Poe devotes most of his objection to reiterating arguments
presented to, and rejected by, the Magistrate. The Court having reviewed the objections, as well
as the record, finds nothing therein which would contradict or call into question the detailed
findings of the Magistrate. 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. 49] is hereby, APPROVED and ADOPTED as for the opinion of
the Court.
IT IS FURTHER ORDERED that the United States’ Motion for Summary Judgment
[Docket No. 37] be SUSTAINED and that this matter be DISMIUSSED WITH
PREJUDUICE.
This 24th day of August 2020.