McFerrin v. Pinkee

Full title: ERVIN LEE MCFERRIN v. PATEL PINKEE, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

Date published: Jul 17, 2018

CIVIL ACTION NO. 1:17-CV-142 (E.D. Tex. Jul. 17, 2018)

Opinion

CIVIL ACTION NO. 1:17-CV-142

07-17-2018

ERVIN LEE MCFERRIN v. PATEL PINKEE, ET AL.

Ron Clark, United States District Judge

ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Ervin Lee McFerrin, a prisoner currently confined at the Eastham Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Patel Pinkee, Jeanne Bellanger, Michelle Lastrapes, and Stephen Henderson.

The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends dismissing the action for failure to state a claim upon which relief may be granted.

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation.

The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). Plaintiff contends the defendants were deliberately indifferent to his serious medical needs by prescribing Meloxicam for pain. Plaintiff alleges the medication caused him to vomit, but his prescription was not changed until five weeks later. These actions do not rise to the level of egregious intentional conduct required to satisfy the deliberate indifference standard set forth in Farmer v. Brennan, 511 U.S. 825 (1994). See Gobert v. Caldwell, 463 F.3d 339, 351 (5th Cir. 2006). As a result, the Magistrate Judge correctly concluded that this action should be dismissed for failure to state a claim upon which relief may be granted.

ORDER

Accordingly, plaintiff's objections (document no. 25) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 23) is ADOPTED. Defendants' motion to dismiss (document no. 18) is GRANTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendation.

So ORDERED and SIGNED this 17 day of July, 2018.

/s/_________

Ron Clark, United States District Judge