Summary
holding that a three-month delay in provision of insulin was not actionable when the prisoner claimed that he was "at risk for serious and permanent and deadly conditions" due to the delay but did not actually suffer them
Summary of this case from Bailey v. HarrisOpinion
DOCKET NO. 13-CV-2288
01-03-2014
WILLARD BRANDENBURG v. CORRECTIONS CORPORATION OF AMERICA, ET AL.
SEC. P
JUDGE JAMES T. TRIMBLE. JR.
MAGISTRATE JUDGE JAMES D. KIRK
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including the objections filed by Plaintiff, and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that Plaintiff's complaint be DENIED AND DISMISSED with prejudice for failing to state a claim for which relief can be granted, pursuant to 28 U.S.C. §1915(e) (2) (B) and 1915A.
The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas.
THUS DONE AND SIGNED, at Alexandria, Louisiana, on this 3 nd day of January, 2014
______________________
JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT COURT