Summary
dismissing plaintiff's eighth amendment claim for deliberate indifference to safety where defendants sent plaintiff's claims to committee which considered the claim and issued a decision, noting "[w]hile the decision is not the one which Plaintiff prefers, we find no evidence that prison administrators are ignoring his complaints or are being deliberately indifferent to a known risk"
Summary of this case from Heid v. HooksOpinion
Case No. 1:07cv737.
October 21, 2008
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on September 30, 2008 (Doc. 24).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Defendants' Motion for Judgment on the Pleadings (Doc. 11) is GRANTED dismissing Count 1 with prejudice and dismissing Count 2 without prejudice. This matter shall proceed before the Magistrate Judge.