Taylor v. North Dakota State Hospital et al

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS; granting in part and denying in part 17 Motion to Proceed; denying 22 Motion to Add Defendant; granting in part and denying in part 25 Motion to Proceed; granting in part and denying in part 27 Motion to Proceed by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Cory Allen Taylor,
Plaintiff,
Case No. 3:13-cv-73
-vsORDER ADOPTING REPORT AND
RECOMMENDATIONS

North Dakota State Hospital, Dr. Free,
Grand Forks County Correctional
Center, Dr. Jamie Roed, James River
Correctional Center, and Dr. Broadhead,
Defendants.

On July 16, 2014, the undersigned received a Report and Recommendation from
the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. §
636, recommending that Plaintiff Cory Allen Taylor be allowed to proceed with his claim
that Dr. Jamie Roed, in his individual capacity, was deliberately indifferent to Taylor’s
medical needs.1 The magistrate judge further recommended that the other claims be
dismissed with prejudice, and that Taylor’s motion to add an additional defendant be
denied.2 The Court has not received any objections to the Report and Recommendation.
The undersigned has reviewed the Report and Recommendation, along with the
entire file, and finds that the Magistrate Judge’s analysis is correct. Accordingly, the
Court hereby adopts the Report and Recommendation in its entirety. For the reasons
set forth therein, Taylor’s motions3 requesting that he be allowed to proceed with his
claims are GRANTED IN PART and DENIED IN PART. All claims against the

1

Doc. #32.

2

Id.

3

Doc. #17, #25, & #27).

1

defendants in their official capacities are DISMISSED with prejudice. The claims
against Dr. Free and Dr. Broadhead in their individual capacities are DISMISSED
with prejudice. Taylor is allowed to proceed with his claim that Dr. Jamie Roed, in his
individual capacity, was deliberately indifferent to Taylor’s medical needs. Finally,
Taylor’s motion to add an additional defendant4 is DENIED.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 3rd day of September, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

4

Doc. #22.

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