Opinion
5:18-cv-00506-FWS-KES
06-17-2024
MICHAEL FIORITO Plaintiff, v. DR. ANDERSON, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE
HON. FRED W. SLAUGHTER UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the records and files herein, along with the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Dkt. 237). No objections to the R&R were filed, and the deadline for filing such objections has passed. The Court accepts the findings, conclusions, and recommendations of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that Defendants' motion for judgment on the pleadings (Dkt. 189) and motion to dismiss (Dkt. 190) are granted, and Judgment shall be entered dismissing with prejudice the claims that Defendants Peikar, Bueno, Hong, Coleman, and Poynor violated Plaintiff's Eighth Amendment rights because they were deliberately indifferent to his ankle pain and his mental health conditions.