Caskey v. South Dakota State Penitentiary et al

Filing 58

ORDER granting 43 Motion for Summary Judgment; adopting 57 Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 9/20/18. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
CODY RAY CASKEY,

4:17-CV-04070-KES

Plaintiff,
vs.
WARDEN DOOLEY, WARDEN AT MIKE
DURFEE STATE PENITENTIARY; IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
AND DR. ADAMS, PHYSICIAN AT
SOUTH DAKOTA STATE
PENITENTIARY; IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY;

ORDER ADOPTING REPORT AND
RECOMMENDATION

Defendants.

Plaintiff, Cody Ray Caskey, filed this lawsuit under 42 U.S.C. § 1983.
Dockets 1 & 13. The case was referred to Magistrate Judge Veronica Duffy
under this court’s January 19, 2018 order (Docket 34) and 28 U.S.C.
§ 636(b)(1)(A) and (B). On August 24, 2018, Magistrate Judge Duffy submitted
her report and recommended that defendants’ motion for summary judgment
be granted and Caskey’s complaint and amended complaint be dismissed with
prejudice. Docket 57. Caskey was notified in the report and recommendation
that he had 14 days to file objections to the report. Even though no objections
were filed that would require de novo review under Thompson v. Nix, 897 F.2d

356 (8th Cir. 1990), the court reviewed the matter de novo and adopts the
report and recommendation in full. Thus, it is
ORDERED that Magistrate Judge Duffy’s report and recommendation
(Docket 57) is adopted in full and defendants’ motion for summary judgment
(Docket 43) is granted.
DATED this 20th day of September, 2018.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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