Johnson v. Muskingum Co. Sheriff's Dept. et al

Filing 86

OPINION and ORDER adopting 78 the Report and Recommendation. Signed by Judge Michael H. Watson on 9/17/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Jeffery A. Johnson,
Plaintiff,

Case No. 2:13-cv-25

v.

Judge Michael H. Watson

Muskingum Co. Sheriff's
Dept., et al.,
Defendants.
OPINION AND ORDER
On May 13, 2014, United States Magistrate Judge King issued a Report
and Recommendation ("R&R") recommending the Court grant Defendant
Muskingum County Defendants' motion for summary judgment, ECF No. 68.
ECF No. 78. Plaintiff, proceeding pro se, objects. ECF No. 82.
As an initial matter, Plaintiff includes in his objection a motion to amend his
Complaint, but the Magistrate Judge has already denied the request as untimely
and without merit. Opinion and Order 4-5, ECF No. 84.
Plaintiff's remaining substantive objection is as follows:
Defendants have failed to deny the 351bs weight loss suffered by
Plaintiff. Or the pain and suffering inflicted on him by his inability to
swallow food and their deliberate indifference. Nor the reason his
150 times he actively sought medical attention and treatment. The
bleeding and swelling of his throat, without giving consideration to
Boerhaaue's Syndrome, Defendants were well aware of Plaintiff's
condition and injuries, but denied personally proper and complete
medical care. A scheduled CAT scan would have shown damage to
the soft tissue of the throat.

Objection 2, ECF No. 82. (emphasis in original).
Plaintiff appears to be objecting to the Magistrate Judge's finding that
Plaintiff failed to establish a genuine issue of material fact as to the existence of a
serious medical need and Defendants' deliberate indifference to that need.
However, Plaintiff does not offer any evidence to substantiate his assertions. As
the Magistrate Judge noted, "Plaintiff's prose status does not relieve him of this
obligation." R&R 8, ECF No. 78 (citing cases). Accordingly, Plaintiff has not
demonstrated that the Magistrate Judge erred in finding that Defendants' were
not deliberately indifferent to a serious medical need.
For the foregoing reasons, the Court OVERRULES Plaintiff's objections
and ADOPTS the R&R. The Clerk shall remove ECF No. 78 from The Civil
Justice Reform Act Motions Report.
IT IS SO ORDERED.

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NnCHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT