Summary
granting summary judgment to defendants on 8th Amendment deliberate-indifference claim even though prisoner alleged "extreme pain in the prostate and colon areas, and a discharge from his penis" over a period of years, which he alleged are standard symptoms of prostate and colon cancer, and prison doctors discovered cysts in his colon yet refused to biopsy the cysts or perform a Prostate Specific Antigen Test
Summary of this case from Searcy v. Correctional Medical Services, Inc.Opinion
Case No. 1:07cv740.
March 6, 2009
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on February 6, 2009 (Doc. 44).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. The Defendants' Motion for Summary judgment (Doc. 43) is GRANTED. This matter is closed.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith." See McGore v. Wrigglesworth, 114 F.2d 601 (65h Cir. 1997)
IT IS SO ORDERED.
Exhibit