Opinion
4:23-CV-01002-LPR
04-25-2024
MARK CHRISTIAN HENDERSON ADC #078763 PLAINTIFF v. DEXTER PAYNE, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Jerome T. Kearney (Doc. 6). No objections have been filed, and the time to do so has expired. After a de novo review of the PRD and careful consideration of the case record, the Court hereby approves and adopts the PRD in its entirety as this Court's findings and conclusions in all respects.
Although Judge Kearney granted Plaintiff's request for an extension of time to file objections to the PRD, Plaintiff did not file any objections before the extended deadline of January 2, 2024, nor has he filed any objections to date. See Pl.'s Mot. for Extension of Time (Doc. 10); Order (Doc. 11).
Accordingly, Plaintiff's official capacity damages claims are DISMISSED for failure to state a claim on which relief may be granted. Similarly, Plaintiff's deliberate indifference to serious medical needs and conditions of confinement claims made without reference to any Defendant are DISMISSED for failure to state a claim on which relief may be granted. Finally, Plaintiff's claims against Defendant Payne and the Doe Defendants are also DISMISSED for failure to state a claim on which relief may be granted. The Clerk is directed to TERMINATE Defendant Payne and the Doe Defendants as parties to this action. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith.
IT IS SO ORDERED.