Opinion
No. 08-5326RBL/JRC.
September 14, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation [Dkt. #86], and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant Hotep was never served. Plaintiff has failed to show good cause for this failure of service. The claim against this Defendant is DISMISSED WITHOUT PREJUDICE.
(3) The remaining Defendants who were served are entitled to summary judgment as they were not deliberately indifferent to a serious medical need given the facts present to them.
(4) The Clerk is directed to send copies of this Order to plaintiff, counsel for defendants, and to the Hon. J. Richard Creatura.