Nickleberry v. Geddes

Full title: ALTON JAMES NICKLEBERRY v. DR. JAMES DOUGLAS GEDDES, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

Date published: Mar 21, 2020

CIVIL ACTION NO. 9:18-CV-192 (E.D. Tex. Mar. 21, 2020)

Opinion

CIVIL ACTION NO. 9:18-CV-192

03-21-2020

ALTON JAMES NICKLEBERRY v. DR. JAMES DOUGLAS GEDDES, ET AL.

Ron Clark, Senior District Judge

**NOT FOR PRINTED PUBLICATION**

ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ACCEPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Alton James Nickleberry, a prisoner previously confined at the Polunsky Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Dr. James Douglas Geddes and Shonan Bonner.

The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends granting defendants' motion for summary judgment.

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation.

The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). For the reasons stated in the Magistrate Judge's Report and Recommendation, the court concludes that there is no genuine dispute as to any material fact on the issue of whether the defendants were deliberately indifferent to Plaintiff's serious medical needs. Farmer v. Brennan, 511 U.S. 825, 832 (1994). As a result, the the Magistrate Judge correctly concluded that the defendants' motion for summary judgment on the ground of qualified immunity should be granted.

ORDER

Plaintiff's objections (document no. 98) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 96) is ACCEPTED. Defendants' motion for summary judgment (document no. 61) is GRANTED. A final judgment will be entered in accordance with the Magistrate Judge's recommendation.

So ORDERED and SIGNED March 21, 2020.

/s/_________

Ron Clark, Senior District Judge