Opinion
Case No. 4:16cv507-MW/CAS
02-08-2018
WESLEY TIMOTHY FULLARD, Plaintiff, v. MARIA THOMAS, R.N., CARRIE RHODES, L.P.N., DR. MARY PLISKIN, and DR. VIRGINIA MESA, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Second Report and Recommendation, ECF No. 61, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 62. Accordingly,
IT IS ORDERED:
The second report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The second motion to dismiss, ECF No. 49, filed by Defendant Mesa is GRANTED. The first motion to dismiss, ECF No. 43, is GRANTED as to the claim against Defendant Pliskin but the motion is DENIED as to Plaintiff's claims against Defendants Rhodes and Thomas. This case is remanded to the Magistrate Judge for further proceedings.
SO ORDERED on February 8, 2018.
s/ Mark E. Walker
United States District Judge