Summary
finding the Chief Medical Officer not involved when Regional Medical Director affirmed previous administrative denials
Summary of this case from Royal v. AnnucciOpinion
05-CV-13.
September 10, 2008
DECISION and ORDER
This matter brought pursuant to 28 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Magistrate Judge recommended that the Court grant Defendant's summary judgment motion and dismiss Plaintiff's claims in their entirety. In granting Defendant's summary judgment motion, Magistrate Judge Homer concluded that: (1) Plaintiff failed to exhaust his administrative remedies prior to bringing his claims; (2) Plaintiff did not show sufficient personal involvement with respect to Defendants Lester and Giambrouno; and (3) Plaintiff failed to allege a serious medical condition to which Defendants were deliberately indifferent.
No objections to the August 8, 2008 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and DISMISSES the claims in their entirety.
IT IS SO ORDERED.