Summary
holding that "the difference of opinion between an inmate and a medical doctor, or between two medical doctors, as to treatment and diagnosis of a medical condition is insufficient to state a claim of constitutional proportion" and thus rejected prisoner's preference for one doctor's treatment plan requesting an MRI of the knee over another doctor's plan to treat the knee injury onsite and deny the MRI
Summary of this case from Cooper v. Fed. Bureau of PrisonsOpinion
Case No. 6:14-CV-1533-VEH-TMP
08-25-2015
WILLIAM ANDREW MYERS, Plaintiff, v. CORIZON MEDICAL SERVICES, et al., Defendants.
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on July 28, 2015, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 12). No objections have been filed by either party.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto, the Court is of the opinion that the magistrate judge's report is due to be and is hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered.
DONE and ORDERED this 25th day of August, 2015.
/s/_________
VIRGINIA EMERSON HOPKINS
United States District Judge