Opinion
4:23-cv-00755-LPR-BBM
07-08-2024
MICHAEL EDWARD ALLEN ADC #176724 PLAINTIFF v. BRANDON LONG, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Benecia B. Moore (Doc. 22). No objections have been filed, and the time for doing so has expired. After a de novo review of the PRD, along with careful consideration of the entire case record, the Court hereby approves and adopts the PRD in its entirety as this Court's findings and conclusions in all respects.
The Court may have a very slight disagreement with the PRD's characterization of the various ways in which a plaintiff can show medical deliberate-indifference. But that disagreement does not affect the correctness of the PRD's conclusion that (for screening purposes) Plaintiff has stated viable medical deliberate-indifference claims.
Accordingly, Plaintiff may proceed with his medical deliberate-indifference claims against Sheriff Long, Administrator Dodson, and Nurse Lowery in their individual capacities only. Plaintiff's due process, conditions-of-confinement, retaliation, conspiracy, and official-capacity claims are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Clerk is directed to terminate Nurse Taylor as a party to this action. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith.
IT IS SO ORDERED