Opinion
9:19-CV-0263
10-02-2021
DECISION AND ORDER
THOMAS J. MCAVOY, SENIOR UNITED STATES DISTRICT JUDGE
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse W. Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In her June 16, 2021 Report-Recommendation and Order, Judge Dancks recommends that Defendants' motion for summary judgment (Dkt. No. 66) be granted in part with respect to the following claims: (1) Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal protection claims, and that the motion be denied in all further respects. See Rep.-Rec. & Ord, Dkt. No. 80, at 42-43. No. objections to the recommendations have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 80) for the reasons stated therein. Therefore, it is hereby
ORDERED that Defendants' motion for summary judgment (Dkt. No. 66) is GRANTED in part and DENIED in part. The motion is granted in that the following claims are DISMISSED: (1) Plaintiffs Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiffs First Amendment free exercise claim against Deyo; and (3) Plaintiffs equal protection claims. The motion is DENIED in all further respects.
The Clerk may terminate Defendant Bleau from this action.
IT IS SO ORDERED.