Opinion
Civil Action No. 7:10CV00211
08-15-2011
HECTOR VASQUEZ ESCALANTE, Plaintiff, v. LARRY W. HUFFMAN, ET AL., Defendants.
FINAL ORDER ADOPTING REPORT AND RECOMMENDATION
By: Samuel G. Wilson
United States District Judge
Hector Vasquez Escalante brings this suit pursuant to 42 U.S.C. § 1983, claiming that while incarcerated at Wallens Ridge State Prison the defendants were deliberately indifferent to a basic human need in violation of the Eighth Amendment, by not providing him with adequately nutritious substitutes for foods containing wheat. The defendants filed a motion for summary judgment and the court referred the matter to United States Magistrate Judge Pamela Meade Sargent pursuant to 28 U.S.C. 636(b)(1)(B) for a report and recommendation. The Magistrate recommended that the court grant defendants' motion for summary judgment. Neither party filed objections.
The court has reviewed the Magistrate Judge's report, pertinent portions of the record, and it is ORDERED and ADJUDGED that the Magistrate Judge's report is ADOPTED in its entirety, and defendants' motion for summary judgment is GRANTED, and this action is STRICKEN from the active docket of the court.
The Clerk of the Court is directed to send certified copies of this order to the plaintiff and to counsel for the defendants.
UNITED STATES DISTRICT JUDGE