Opinion
9:11-CV-1137
07-02-2013
JOHNNY WASHINGTON, a/k/a JOHNNIE P. WASHINGTON, Plaintiff, v. T. FAROOKI, Dentist, Clinton Correctional Facility; R. OLIVEIRA, Dentist, Clinton Correctional Facility; DORIS, Clerk/Call-Out, Clinton Correction Facility Defendants.
THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the May 15, 2013 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. It is, therefore, ORDERED that Defendants' Motion for Summary Judgement, Dkt. No. 51, be DENIED; and upon sua sponte review by the Court any First Amendment claims asserted by Plaintiff are DISMISSED from this action. IT IS SO ORDERED.
In liberally construing Plaintiff's Complaint, Magistrate Judge Hummel found a potential First Amendment claim in Plaintiff's Complaint. This claim was not addressed by Defendants, but, upon review, is found to be without merit.
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Thomas J. McAvoy
Senior, U.S. District Judge