Lee v. MDOC Office of Medical Compliance et al

Filing 77

ORDER denying 58 Motion to Dismiss; adopting Report and Recommendations re 76 Report and Recommendations. Signed by Chief District Judge Louis Guirola, Jr on 6/9/17. (JCH)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION DENNIS O’NEAL LEE v. PLAINTIFF CAUSE NO. 1:15cv203-LG-RHW CHRISTOPHER EPPS, et al. DEFENDANTS ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION AND DENYING MOTION TO DISMISS FILED BY CENTURION This cause comes before the Court on the [76] Proposed Findings of Fact and Recommendation of United States Magistrate Judge Robert H. Walker. Plaintiff Dennis O’Neal Lee is a prisoner proceeding pro se and in forma pauperis. He brought this action against multiple defendants pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights. Defendant Centurion, the medical care services provider at the South Mississippi Correctional Institution, moved to dismiss any claim(s) against it. After an omnibus hearing, Magistrate Judge Walker recommended that the Court deny Centurion’s [58] Motion to Dismiss. Defendant Centurion has not timely objected to any aspect of the Magistrate Judge’s Findings of Fact Recommendation. Where no party has objected to the Magistrate Judge’s Recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). In such cases, the Court need only review the Recommendation and determine whether it is either clearly erroneous or contrary to law. See, e.g., United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Having conducted the required review, the Court is of the opinion that Magistrate Judge Walker’s Recommendation is neither clearly erroneous nor contrary to law. Accordingly, the Court finds that the [76] Findings and Fact and Recommendation should be adopted as the opinion of this Court. IT IS THEREFORE ORDERED AND ADJUDGED that the [76] Findings of Fact and Recommendation of United States Magistrate Judge Robert H. Walker should be, and hereby is, adopted as the opinion of this Court. IT IS FURTHER ORDERED AND ADJUDGED that the [58] Motion to Dismiss filed by Defendant Centurion is DENIED. SO ORDERED AND ADJUDGED this the 9th day of June, 2017. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE 2

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