Opinion
Civil No. 07-3001.
August 11, 2008
ORDER
Now on this 11th day of August, 2008, come on for consideration defendants' First Motion for Summary Judgment (document #12); the Magistrate Judge's Report And Recommendation (document #19); and plaintiff's Objections To R R (document #20), and the Court, having carefully reviewed both documents, finds the Report And Recommendation is sound in all respects, and that it should be adopted in toto.
The Court further finds that plaintiff's Objections do not fairly address the substance of the Report And Recommendation, going as they mainly do to the severity of his sentence rather than to the conditions of his confinement. The Objections are, therefore, without merit, and they will be overruled.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report And Recommendation (document #19) is adopted in toto. IT IS FURTHER ORDERED that plaintiff's Objections To R R (document #20) are overruled. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report And Recommendation, defendants' First Motion for Summary Judgment (document #12) is granted in part and denied in part. The motion is denied as to plaintiff's claims that he was denied an adequate diet, and granted in all other respects. IT IS FURTHER ORDERED that this matter is remanded to the Magistrate Judge for further proceedings.