McGrew v. Roudtree et al

Filing 171

RULING Adopting 149 Report and Recommendations of the U.S. Magistrate Judge. Defendants Motion for Partial Summary Judgment, rec.doc.no. 80, is granted in part, dismissing the plaintiffs claim of deliberate medical indifference asserted against de fendants Jonathan Roundtree, Aurielle Boeker, Mike Thomas and Anthony McCoy, and this matter is referred back to the United States Magistrate Judge for further proceedings in connection with the plaintiffs claim of excessive force asserted against defendants Huey Pidgeon, Marks Allen, Joseph Russell and Greg Eirick. Signed by Chief Judge Ralph E. Tyson on 5/9/2011. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CARLOS A. MCGREW (#413135)
CIVIL ACTION
VERSUS
NO. 09-859-RET
DR. JONATHAN ROUNDTREE, ET AL
RULING
The court has carefully considered the petition, the record, the law applicable to this
action, and the Report and Recommendation of United States Magistrate Judge Christine
Noland dated March 9, 2011. Objections and responses thereto have been filed, which the
court has considered.
The court hereby approves the report and recommendation of the magistrate judge and
adopts it as the court’s opinion herein.
Accordingly, the defendants’ Motion for Partial Summary Judgment, rec.doc.no. 80, is
granted in part, dismissing the plaintiff’s claim of deliberate medical indifference asserted
against defendants Jonathan Roundtree, Aurielle Boeker, Mike Thomas and Anthony McCoy,
and this matter is referred back to the United States Magistrate Judge for further proceedings in
connection with the plaintiff’s claim of excessive force asserted against defendants Huey
Pidgeon, Marks Allen, Joseph Russell and Greg Eirick.
Baton Rouge, Louisiana, May

9th

, 2011.

S
RALPH E. TYSON, CHIEF JUDGE
MIDDLE DISTRICT OF LOUISIANA