Summary
granting motion to dismiss because inmate, who had potentially fatal fish allergy, did not allege any serious physical or emotional injury as a result of the decision not to provide a no-fish alternative
Summary of this case from Gauthier v. KirkpatrickOpinion
No. 08-5520RJB/JRC.
June 9, 2009
ORDER ADOPTING REPORT AND RECOMMENDAITON
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation (Dkt. 20);
(2) Defendant' Motion to Dismiss Plaintiff's Eighth Amendment claim is GRANTED. That claim is DISMISSED WITH PREJUDICE from this action for the reasons set forth in the Report and Recommendation (Dkt. 20).
(3) Plaintiff may file an amended complaint regarding his Fourteenth Amendment and Sixth Amendment claims within thirty days of this order being signed.
(4) Failure to file the amended complaint will result in dismissal of this action for failure to state a claim, failure to prosecute, and failure to comply with a Court Order.
(5) The Clerk is directed to send copies of this Order to plaintiff, counsel for defendants, and to the Hon. J. Richard Creatura.