Kennedy v. Wilson et al

Filing 115

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 pleadin gs or, alternatively, for summary judgment, on the sole remaining claim, an allegation of Eighth Amendment deliberate indifference. (DE ## 76 , 86 ) areOVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 6/3/2014.(RBB)cc: COR, paper copy forwarded to pro se party John F. Kennedy, via US Mail.

Eastern D1stl'ict of Kentucky

, I LED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY

SOUTHERN DIVISION at LONDON

JUN 03 2011t
AT ASHLAND

ROBERT R. CARR

CLERK U.S. DISTRICT COURT

CIVIL ACTION NO.I0-299-HRW

JOHN F. KENNEDY,

PLAINTIFF,

v.

PHILLIP SETTLES,

DEFENDANTS.

This matter is before the Court upon 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). 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 Plaintiffs
motion for judgment on the pleadings to a motion for summary judgment and then
overrule Plaintiff s motion for summary judgment.
Plaintiff filed Objections [Docket No. 112 and 113]. The Objections are not
a model of clarity. However, in his Objections Plaintiff specifically states that he
agrees with the Magistrate Judge's recommendation that summary judgment is not
appropriate.

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
opmIOn;
(2) 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) are
OVERRULED.

This 3rd day of June, 2014.