Summary
holding that plaintiff's "claims that he was placed in a hard cell for ten days without a mattress, soap, toilet paper, running water, legal supplies, his prescription medication and only received one meal a day" were insufficient to constitute Eighth Amendment violation
Summary of this case from Hester v. PhelpsOpinion
Civil Action No. 06 — 1516.
June 25, 2008
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on November 14, 2006, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation on May 28, 2008 (doc. no. 28), recommending that the Defendants' Motion for Summary Judgment (doc. no. 23) be granted. Plaintiff was served with the Report and Recommendation and advised that he had until June 16, 2008 to file objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 25th day of June, 2008;IT IS HEREBY ORDERED that the Defendants' Motion for Summary Judgment (doc. no. 23) is GRANTED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 28) of Magistrate Judge Lenihan dated May 28, 2008, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.