Summary
finding that defendants were entitled to summary judgment based on qualified immunity and concluding that "it would not be clear to a reasonable official that it was unlawful to require a prisoner-patient to try the formulary drugs first and have them prove ineffective before approving treatment with non formulary drugs since non-incarcerated citizens, who find themselves in health care plans with formularies, are subjected to these very same requirements at the hands of Moving Defendants' civilian counterparts, i.e., Health Care plan physicians, administrators, and treatment review committees"
Summary of this case from Nava v. VelardiOpinion
Civil Action No. 98-1738.
August 31, 2007
ORDER
Plaintiff has appealed the non-dispositive order, dated August 15, 2007, entered by United States Magistrate Judge Amy Reynolds Hay [document #201]. Upon a review of the matters raised by the appeal, the court concludes that the order appealed from is neither clearly erroneous nor contrary to law. Fed.R.Civ.P. 72.
Therefore, this 30th day of August, 2007, IT IS HEREBY ORDERED that the order referred to is AFFIRMED and the instant case is referred back to the Magistrate Judge for further proceedings.