Hurst v. Ohio Department of Rehabilitation and Correction et al

Filing 115

ORDER adopting Report and Recommendations re 107 Report and Recommendations.. Signed by Judge George C Smith on 9/30/14. (lvw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MARK EDWARD HURST,
Plaintiff,
vs.

Case No.: 2:11-cv-1090
JUDGE SMITH
Magistrate Judge King

OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTION, et al.,
Defendants.

ORDER
On August 7, 2014, the United States Magistrate Judge issued a Report and
Recommendation recommending that Defendants Motion for Summary Judgment be
GRANTED. (See Report and Recommendation, Doc. 107). The parties were advised of their
right to object to the Report and Recommendation and of the consequences of their failure to do
so. This matter is now before the Court on Plaintiff Mark Hurst’s Objections to the Report and
Recommendation. (See Doc. 109). The Court will consider the matter de novo. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present, once again, the issues presented to and considered by the
Magistrate Judge in the Report and Recommendation. Plaintiff asserts that he has submitted
evidence to establish a genuine issue of material fact with respect to his deliberate indifference
claim. However, the Court agrees with the findings of the Magistrate Judge that Plaintiff has
failed to produce evidence that Defendants acted with deliberate indifference. There is evidence

that nonsurgical management is appropriate in some cases. Plaintiff’s disagreement with his
course of medical treatment, however, does not satisfy his claim for deliberate indifference.
Therefore, for the reasons stated in detail in the Report and Recommendation, this Court finds
that Plaintiff’s objections are without merit.
The Report and Recommendation, Document 107, is ADOPTED and AFFIRMED.
Defendants’ Motion for Summary Judgment (Doc. 96) is hereby GRANTED. Defendants’
Motion to Strike is DENIED AS MOOT.
The Clerk shall remove Documents 96, 107, and 114 from the Court’s pending motions
list. The Clerk shall enter final judgment in favor of Defendants and close this case.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

2