Summary
reasoning that "a decision to refer an inmate for additional treatment, tests or evaluation is a matter of professional medical judgment that the courts will not normally second-guess in the context of a claim of deliberate medical indifference"
Summary of this case from Rogers v. CochranOpinion
CIVIL ACTION NO. 14-394-JJB-RLB
08-27-2015
RUSSELL AUGUILLARD (#347039) v. DR. PAUL TOCE, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr., dated August 3, 2015 (doc. no. 46) to which no objection has been filed.
The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the Court declines to exercise of supplemental jurisdiction in connection with the plaintiff's potential state law claims and the defendants' Motions to Dismiss (doc. no. 23 and 42) are GRANTED, dismissing the plaintiff's claims asserted herein, with prejudice, and this action is DISMISSED.
Baton Rouge, Louisiana, this 27th day of August, 2015.
/s/_________
JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA