Lee v. MDOC Office of Medical Compliance et al

Filing 92

ORDER granting 79 Motion for Summary Judgment; granting 82 Motion for Summary Judgment; denying 87 Motion to Appoint Counsel ; adopting Report and Recommendations re 89 Report and Recommendations. Ordered that this case is dismissed with prejudice. Signed by District Judge Louis Guirola, Jr on 12/8/17. (JCH)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION DENNIS O’NEAL LEE PLAINTIFF v. CAUSE NO. 1:15CV203-LG-RHW CHRISTOPHER EPPS, et al. DEFENDANTS ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDATION BEFORE THE COURT is the Proposed Findings of Fact and Recommendation [89] entered by United States Magistrate Judge Robert H. Walker on November 9, 2017, in which he recommends that: (1) the Motions for Summary Judgment [79, 82] filed by the defendants Jacqueline Banks, Thomas Byrd, Marshall Fisher, Ronald King, Jacqueline Leverette, Gloria Perry, and Centurion should be granted; (2) the Motion to Appoint Counsel [87] filed by the plaintiff Dennis O’Neal Lee should be denied; and (3) Lee’s civil rights complaint should be dismissed as to all claims and all defendants. Although the Court’s record reflects that Lee received a copy of the Proposed Findings of Fact and Recommendation on November 15, 2017, Lee has not filed an objection. After reviewing the record in this matter and the applicable law, the Court finds that the Proposed Findings of Fact and Recommendation should be adopted as the opinion of this Court, and Lee’s lawsuit should be dismissed with prejudice. DISCUSSION Lee, a pro se prisoner, filed this section 1983 lawsuit against the defendants alleging excessive force, violation of due process, inadequate medical care, and unconditional conditions of confinement. Judge Walker issued his Proposed Findings of Fact and Recommendation, finding that Lee’s inadequate medical care claim concerning testicular pain should be dismissed for failure to exhaust administrative remedies. In the alternative, Judge Walker found that the claim should be denied on the merits because Lee received ongoing medical treatment for that condition. As for Lee’s claim for inadequate medical care for a scalp condition, Judge Walker held that the claim should be dismissed, because Lee received medical care for the condition; he merely disagreed with the type of treatment he received. Judge Walker determined that the due process claim should be denied because Lee “is asking this Court to assess credibility and weigh the evidence from [a] disciplinary hearing.” (Proposed Findings of Fact and Recommendation at 13, ECF No. 89). Judge Walker found that the conditions of confinement claim is moot, because Lee has been transferred to a different facility. Judge Walker also recommended that Lee’s Motion to Appoint Counsel should be denied, because Lee had adequately represented himself over the past two years and the discovery deadline has expired. In summary, Judge Walker recommends dismissal with prejudice as to all claims and all defendants. Where no party has objected to the Magistrate Judge=s report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. ' 636(b)(1) (AA 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 -2- is made.@) In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass=n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Walker=s Proposed Findings of Fact and Recommendation is neither clearly erroneous nor contrary to law. As a result, the defendants’ Motions for Summary Judgments [79, 82] are granted, Lee’s Motion to Appoint Counsel [87] is denied, and Lee’s civil rights complaint is dismissed with prejudice as to all claims and all defendants. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Proposed Findings of Fact and Recommendation [89] entered by United States Magistrate Judge Robert H. Walker is ADOPTED as the opinion of this Court. IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion to Appoint Counsel [87] filed by the plaintiff Dennis O’Neal Lee is DENIED. IT IS, FURTHER, ORDERED AND ADJUDGED that the Motions for Summary Judgment [79, 82] filed by the defendants Jacqueline Banks, Thomas Byrd, Marshall Fisher, Ronald King, Jacqueline Leverette, Gloria Perry, and Centurion are GRANTED. IT IS, FURTHER, ORDERED AND ADJUDGED that this lawsuit is hereby DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED this the 8th day of December, 2017. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?