VanSlyke v. Pearl River County et al

Filing 90

ORDER ADOPTING REPORT AND RECOMMENDATIONS, re: 81 Report and Recommendations, and granting 67 Motion for Summary Judgment. Plaintiff's claims against John Montgomery, M.D. are dismissed with prejudice. Signed by District Judge Louis Guirola, Jr on 11/5/18 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JACOB HEATH VANSLYKE
v.

PLAINTIFF
CAUSE NO. 1:17CV164-LG-RHW

PEARL RIVER COUNTY, MISSISSIPPI, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING MOTION FOR SUMMARY JUDGMENT
FILED BY JOHN MONTGOMERY, M.D.
This cause comes before the Court on the [81] Report and Recommendation of
United States Magistrate Judge Robert H. Walker entered in this cause on
September 25, 2018. Magistrate Judge Walker reviewed Plaintiff’s claims in this
prison conditions lawsuit and determined that the summary judgment motion filed
by Defendant John Montgomery, M.D. should be granted. Plaintiff claims an
Eighth Amendment violation based on allegations that he was referred to Dr.
Montgomery for psychiatric care, and the doctor would not see/treat him.
Magistrate Judge Walker concluded that Plaintiff did not show a question of
material fact for the jury concerning denial of constitutionally adequate medical
care, because there was no evidence that Dr. Montgomery knew Plaintiff faced a
substantial risk of serious bodily harm and was deliberately indifferent to his
serious medical needs.
Plaintiff has not objected to the Magistrate Judge’s findings and conclusions,
and the time for doing so has passed. In these circumstances, the Court need only
review the Report and Recommendation and determine whether it is either clearly
erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.

1989). After having reviewed the Report and Recommendation and the record in
this case, the Court finds that the Magistrate Judge’s conclusion is neither clearly
erroneous nor contrary to law. Accordingly, it will be adopted by this Court. Dr.
Montgomery’s summary judgment motion will be granted and Plaintiff’s claims
against him dismissed.
IT IS THEREFORE ORDERED AND ADJUDGED that the [81] Report
and Recommendation of United States Magistrate Judge Robert H. Walker entered
in this cause on September 25, 2018, should be, and the same hereby is, adopted as
the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the [67] Motion for
Summary Judgment filed by John Montgomery, M.D. is GRANTED. Plaintiff’s
claims against John Montgomery, M.D. are DISMISSED with prejudice.
SO ORDERED AND ADJUDGED this the 5th day of November, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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