Gibson v. DesMarais et al

Filing 12

ORDER adopting 4 the Report and Recommendation as it relates to Duane Gibson. Signed by Judge Michael H. Watson on 12/13/12. (jk1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Duane Gibson, Plaintiff, v. Case No. 2: 12 -cv-955 JUDGE MICHAEL H. WATSON John DesMarais, et al., Magistrate Judge Kemp Defendants. ORDER This case is before the Court to consider a Report and Recommendation issued by the Magistrate Judge on October 15, 2012. No objections have been filed to the Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation as it relates to Duane Gibson. Mr. Gibson's Eighth Amendment claims against Drs. Fannon and Granson (Complaint, 1m61-64 and 71-74) and disability claim against defendants Bradshaw and Mapp (Complaint, ~79) state a claim at the initial screening stage. Mr. Gibson's Eighth Amendment claims against defendants Desmarais, Rose and Croft regarding his diet supplement (Complaint, ~75), his orthopedic corrective boot claim against defendant Jordan (Complaint, 65-69), and his retaliation claims are DISMISSED for failure to state a claim under 42 U.S.C. ยง1983. All defendants except RICI Warden Bradshaw, RICI Major Mapp, Dr. Fannon and Dr. Granson are DISMISSED from this lawsuit. IT IS SO ORDERED.

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