Opinion
C20-05508-RSM-SKV
06-09-2023
TOMMIE SLACK, Plaintiff, v. SARAH KARIKO, et al., Defendants.
ORDER OF DISMISSAL
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, Plaintiff's Objections and Defendants' Response, and the remaining record, the Court finds and ORDERS:
(1) The Report and Recommendation, Dkt. #145, is ADOPTED. Nothing in Plaintiff's Objections demonstrates error in Judge Vaughan's recommendations. Plaintiff has not pointed to any evidence that the lipomas were the cause of the severe pain in his shoulder contrary to his medical records; without such evidence he is unable to establish that Defendants disregarded a “severe medical need.” The Court will not address arguments raised for the first time on Objections. Plaintiff's newly submitted evidence does not undermine the reasoning of Judge Vaughan, adopted by this Court.
(2) Plaintiff's Motion to Strike, Dkt. #123, is DENIED.
(3) Plaintiff's Second Motion for Appointment of Counsel, Dkt. #127, is DENIED.
(4) Plaintiff's Surreply to Defendants' Reply in Support of Summary Judgment, Dkt. #135, is STRICKEN.
(5) Plaintiff's Surreply to Defendants' Supplemental Reply in Support of Summary Judgment, Dkt. #138, is STRICKEN.
(6) Defendants' Motion for Summary Judgment, Dkt. #115, is GRANTED, and Plaintiff's claims are dismissed.
(7) The Clerk is directed to send copies of this Order to the parties and to Judge Vaughan.