Opinion
Civil Action 23-00673-BAJ-RLB
08-22-2024
BENJAMIN GOTTKE v. DIXON CORRECTIONAL INSTITUTE, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT
Plaintiff, an individual confined at the Elayn Hunt Correctional Center who is representing himself without assistance of counsel, filed this proceeding pursuant to 42 U.S.C. § 1983 complaining that his constitutional rights were violated due to deliberate indifference to his serious medical needs resulting in the loss of one of his testicles. He seeks monetary and injunctive relief. (Doc. 10). Pursuant to the screening requirements of 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Magistrate Judge has now issued a Report and Recommendation (Doc. 13, the “Report”), recommending that Plaintiffs federal constitutional claims be dismissed, with prejudice, for failure to state a claim upon which relief may be granted, and further recommending that the Court decline to exercise supplemental jurisdiction over Plaintiffs potential state law claims, to the extent any such claims exist. (Id.). Plaintiffs deadline to object to the Report has passed, without any objection from Plaintiff.
Having carefully considered the operative Complaint and related filings, the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiffs federal constitutional claims be and are hereby DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs potential state law claims.
IT IS FURTHER ORDERED that Plaintiffs Motion to Appoint Counsel (Doc, 11) be and is hereby DENIED AS MOOT.
Judgment shall issue separately.