Lee v. MDOC Office of Medical Compliance et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
DENNIS O’NEAL LEE
CAUSE NO. 1:15CV203-LG-RHW
CHRISTOPHER EPPS, et al.
ORDER ADOPTING PROPOSED FINDINGS
OF FACT AND RECOMMENDATION
BEFORE THE COURT is the Proposed Findings of Fact and
Recommendation  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  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.
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
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
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  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  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  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.
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE
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