Ferguson v. Fondanpetesson et al

Filing 29

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 26 Memorandum and Recommendations. The Court GRANTS Defendant's 22 Motion for Summary Judgment and DISMISSES the above-captioned case. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
§
§
Plaintiff,
§
VS.
§
§
GUDLAUG FONDAHN PETERSON, et §
al,
§
§
Defendants.
§

July 31, 2019
David J. Bradley, Clerk

WILLIAM FERGUSON,

CIVIL NO. 2:17-CV-308

ORDER
The Court is in receipt of Defendant Gudlaug Fondahn Peterson’s
(“Peterson”) Motion for Summary Judgment, Dkt. No. 22; Plaintiff William
Ferguson’s (“Ferguson”) Brief in Opposition to Defendants’ Summary Judgment
Motion,

Dkt.

No.

24;

and

the

Magistrate

Judge’s

Memorandum

and

Recommendation (“M&R”), Dkt. No. 26. The deadline to file objections to the M&R
has passed, and no objections have been filed. FED. R. CIV. P. 72(b) (setting 14-day
deadline).
After independently reviewing the record and applicable law, the Court
GRANTS the M&R, Dkt. No. 26. Accordingly, the Court GRANTS Defendant’s
motion for summary judgment, Dkt. No. 22, and DISMISSES the above-captioned
case. The Court directs Ferguson to the footnote on page 9 of the M&R which reads
as follows: If Plaintiff continues to be denied new dentures, he may be able
to prevail in his deliberate indifference lawsuit after exhausting his
administrative remedies. Plaintiff can name the medical/dental personnel
responsible for denying him dentures, and/or Plaintiff may name a John

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Doe Defendant who has the authority to grant him the relief he seeks.
Final Judgment will be entered separately.
SIGNED this 31st day of July 2019.
___________________________________
Hilda Tagle
Senior United States District Judge

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