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holding that a prisoner alleging that defendants breached the standard of care and aggravated his congenital urological condition could not use the "common knowledge exception" to establish negligence
Summary of this case from Griffin v. LappinOpinion
CASE NO. 4:03CV1620.
April 14, 2009
MEMORANDUM OPINION AND ORDER
This matter is before the Court upon Plaintiff and Defendants' Cross Motions for Summary Judgment. (Dkt. # 229, 239). On February 11, 2004, the Court assigned this case to Magistrate Judge James S. Gallas for general pre-trial supervision. (Dkt. # 33). On April 19, 2005, the Court dismissed Count III of Plaintiff James Lyons' ("Lyons") seven count Amended Complaint. (Dkt. # 112). On September 30, 2005, the Court granted Lyons' voluntarily dismissal of Count IV and transferred Count V to the Eastern District of Kentucky. (Dkt # 130). On January 28, 2008, the Court dismissed Counts II, VI, and VII. (Dkt. # 225).
Before the Court is the Magistrate Judge's Report and Recommendation ("R R"), recommending that the Court grant summary judgment in favor of the Defendants associated with Count I — the sole remaining count in the Amended Complaint. (Dkt. # 254). In addition, the Magistrate Judge recommends the Court grant summary judgment in favor of the United States, as substituted for the "federal defendants," in reference to the Supplemental Complaint. (Dkt # 43).
FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service. Objections to the Magistrate Judge's R R were originally due March 24, 2009. However, the Court granted Lyons an additional ten (10) days to file objections. (Dkt. # 256). Lyons filed his objections to the Magistrate's R R on April 10, 2009. (Dkt. # 259). The Court has reviewed Lyons' objections and finds that they are without merit.
The Court has also reviewed the R R of the Magistrate Judge de novo, and finds that it is well-supported. Therefore, the Magistrate Judge's R R is hereby ADOPTED. (Dkt. # 254). Defendants' Motion for Summary Judgment is GRANTED. (Dkt. # 239). Lyons' Motion for Summary Judgment is DENIED. (Dkt. # 229). Judgment is entered in favor of the Defendants associated with Count I of the Amended Complaint and in favor of the United States in reference to the Supplemental Complaint.