ORDER

M. RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's third report and recommendation dated November 6, 2008 (Doc. 72). The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. Defendant Hart's motion for summary judgment (Docs. 55, 67) is GRANTED as to Plaintiff's claims that Dr. Hart failed to provide treatment (Cosopt drops) for glaucoma in his left eye, failed to provide eye drops (Pilocarpine drops) for his right eye after August 7, 2003, and failed to provide laser surgery for his right eye, in violation of the Eighth Amendment.

3. Defendant Hart's motion for summary judgment (Docs. 55, 67) is DENIED as to Plaintiff's claims that Dr. Hart unreasonably delayed the provision of eye drops (Pilocarpine drops) for Plaintiff's right eye and scheduling a consultation with an opthalmologist until August 7, 2003, and failed to provide prescription glasses, in violation of the Eighth Amendment.

4. Defendant Bolton's motion for summary judgment (Docs. 52, 66) is DENIED.

5. Plaintiff's equal protection claim, to the extent he asserts one, is DISMISSED for failure to state a claim upon which relief may be granted.

DONE AND ORDERED.