Opinion
CIVIL ACTION NO. 5:10-CV-73 (MTT)
03-06-2013
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 89). The Magistrate Judge, having reviewed the Defendants' Motion for Summary Judgment (Doc. 83), recommends granting the Motion because the Plaintiff failed to create a genuine issue of material fact with regard to his claims against the Defendants. The Plaintiff filed an objection to the Recommendation. (Doc. 91). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered the Objection and has made a de novo determination of the portions of the Recommendation to which the Plaintiff objects.
The Plaintiff argues that the extensive medical records submitted by the Defendants are really those of another inmate with the same name and medical issues as the Plaintiff. The Plaintiff points to one document out of over 550 pages of medical records to show that the records are not his. However, with the exception of this one page, the medical records appear to be the Plaintiff's, and the Plaintiff does not point to any other discrepancies.
While the page cited does have a different inmate ID number and birthdate than the Plaintiff's, the document also has "error wrong Mark" written on it. (Doc. 83-8 at 17).
The Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Recommendation is adopted and made the order of this Court. Accordingly, the Motion is GRANTED. This case is DISMISSED.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT