Kennedy v. Wilson et al

Filing 105

ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) that the Magistrate Judge's report and recommendation [Docket No. 104 ] is hereby APPROVED and ADOPTED as and for the Court's Opinion. (2) Plaintiff's motions for judgment on the ple adings or, alternatively, for summary judgment, on the sole remaining claim, an allegation of Eighth Amendment deliberate indifference. (DE ## 76 , 86 ) are OVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 4/22/2014.(RBB)cc: COR, paper copy to pro se party, John F. Kennedy, via US Mail

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

SOUTHERN DIVISION at LONDON

CIVIL ACTION NO. lO-299-HRW

PLAINTIFF,

JOHN F. KENNEDY,

v.
PHILLIP SETTLES,

DEFENDANTS.

This matter is before the Court upon Plaintiff's motions for judgment on the
pleadings or, alternatively, for summary judgment, on the sole remaining claim, an
allegation of Eighth Amendment deliberate indifference. (DE ##76, 86). The
motion was referred to United States Magistrate Robert Weir for findings of fact
and recommendations on dispositive motions.
Magistrate Judge Weir recommends that the Court convert Plaintiff's
motion for judgment on the pleadings to a motion for summary judgment and then
overrule Plaintiff's motion for summary judgment.
Plaintiff has not filed objections to the report and recommendation and the
time for doing so has passed.
After carefully considering the record, the Court finds the report and
recommendation well taken and shall adopt the same as and for its own opinion.

Accordingly, IT IS THEREFORE ORDERED AND ADJUDGED,
(1) that the Magistrate Judge's report and recommendation [Docket No.
104] is hereby APPROVED and ADOPTED as and for the Court's
OpInIOn;
(2) Plaintiffs motions for judgment on the pleadings or, alternatively, for
summary judgment, on the sole remaining claim, an allegation of
Eighth Amendment deliberate indifference. (DE ##76, 86) are
OVERRULED.

This 22nd day of April, 2014.