Willoughby v. Hagan

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 24 Motion for Summary Judgment; adopting 29 Report and Recommendations. by Judge Daniel L. Hovland.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Arthur Ray Willoughby,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:13-cv-054
Dr. John Hagan, N.D.S.P.,
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Defendant.
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______________________________________________________________________________
The Plaintiff, Arthur Ray Willoughby, is an inmate at the North Dakota State Penitentiary.
He initiated this 42 U.S.C. § 1983 civil rights action against Dr. John Hagan for deliberate
indifference to his serious medical needs in May 2013. See Docket No. 7. On June 6, 2014, the
Defendant filed a motion for summary judgment. See Docket No. 24. The motion was referred to
Magistrate Judge Charles S. Miller, Jr. for a Report and Recommendation. The Plaintiff filed a
response to the motion on August 12, 2014. See Docket No. 28. Judge Miller issued his Report and
Recommendation in which he recommended granting the Defendant’s motion on August 12, 2014.
See Docket No. 29. The parties were given fourteen (14) days to file any objections to the Report
and Recommendation. No objections were filed. The Plaintiff submitted a letter to the Court on
August 20, 2014, wherein he made additional objections to the course of treatment prescribed by
Dr. Hagan but he did not specifically reference the Report and Recommendation.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. The record does not
evidence any deliberate indifference by Dr. Hagan.
Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 29) in its
entirety. The Defendant’s motion for summary judgment (Docket No. 24) is GRANTED and the

action is dismissed with prejudice. Let judgment be entered accordingly.
IT IS SO ORDERED.
Dated this 5th day of September, 2014.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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