Opinion
Case No. 11-cv-14768
01-08-2014
KENNETH B. BURTON, Plaintiff, v. J. PARKS, et al., Defendants.
HONORABLE STEPHEN J. MURPHY, III
ORDER ADOPTING REPORT AND RECOMMENDATION
(document no. 105), GRANTING DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT (document no. 91), AND DISMISSING THE CASE
This is a prisoner civil rights action against state employees who allegedly violated the First and Eighth Amendments by withholding adequate medical care from Plaintiff Kenneth B. Burton. The Court has already dismissed the claims against six of the defendants, and the remaining four defendants have moved for summary judgment. On December 9, 2013, the magistrate judge issued a report and recommendation ("Report") recommending that the motion be granted. The parties had fourteen (14) days to object to the Report. See Fed. R. Civ. P. 72(b)(2). No party filed a timely objection. Although a court must review timely objections to a magistrate judge's report and recommendation, a court may adopt, reject, or amend the portions of a report and recommendation to which no party properly objects. See Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 150 (1985). For the reasons stated in the Report, the Court will adopt the Report, grant the motion for summary judgment, and dismiss the remaining claims.
ORDER
WHEREFORE, it is hereby ORDERED that the Report (document no. 105) is ADOPTED, that the motion for summary judgment (document no. 91) is GRANTED, and that the case is DISMISSED.
SO ORDERED.
__________
STEPHEN J. MURPHY, III
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 8, 2014, by electronic and/or ordinary mail.
Carol Cohron
Case Manager