Wilson v. Shearer et al

Filing 50

ORDER: This matter is before the Court on Defendants' motions for summary judgment (DE 46 ; DE 48 ) and the magistrate judge's recommended disposition (DE 49 ). Accordingly, the Court, being sufficiently advised, HEREBY ORDERS as follo ws: (1) Judge Ingram's recommended disposition (DE 49 ) is ADOPTED as the Court's opinion; (2) Defendants' motions for summary judgment (DE 46 ; DE 48 ) are GRANTED; and (3) A judgment consistent with this order and the recommended disposition will be entered contemporaneously. Signed by Judge Karen K. Caldwell on 01/24/2020.(MM)cc: COR and Dustin M. Wilson by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
AT LONDON

DUSTIN M. WILSON
,

CIVIL ACTION No. 6:18-54-KKC
ORDER

Plaintiff,
,
v.
HARVEY SHEARER, et al.,
Defendants.
.
*** *** ***

This matter is before the Court on Defendants’ motions for summary judgment (DE
46; DE 48) and the magistrate judge’s recommended disposition (DE 49).
Plaintiff Dustin Wilson, a prisoner, filed a pro se Complaint on February 20, 2018
against Defendants Harvey Shearer and Southern Health Partners.

Southern Health

Partners has since been dismissed from the suit. The matter was referred to United States
Magistrate Judge Hanly Ingram to “conduct all further proceedings, including preparing
proposed findings of fact and recommendations on any dispositive motions.” (DE 16.)
On November 26, 2018, Wilson moved to amend his complaint, which the Court
granted in part. (DE 28.) The amended complaint added Defendant Amber LNU. Following
the amendment, Wilson had two claims remaining against the Defendants. First, Wilson
alleges infringement of his religious rights by Defendant Harvey Shearer. Second, Wilson
alleges a violation of his Eighth Amendment right to adequate medical care against both
Defendants.
Defendants both filed motions for summary judgment. (DE 46; DE 48.) Judge Ingram
issued a recommended disposition recommending that both motions for summary judgement

be granted. (DE 49.) Plaintiff has not filed any objections to Judge Ingram’s recommended
disposition. The Court, after reviewing the Defendants’ motions and applicable law, agrees
with Judge Ingram’s Recommended Disposition.
Accordingly, the Court, being sufficiently advised, HEREBY ORDERS as follows:
(1) Judge Ingram’s recommended disposition (DE 49) is ADOPTED as the Court’s
opinion;
(2) Defendants’ motions for summary judgment (DE 46; DE 48) are GRANTED; and
(3) A judgment consistent with this order and the recommended disposition will be
entered contemporaneously.
Dated January 24, 2020