Opinion
Case No. 08-21017-CIV-GRAHAM/WHITE.
March 25, 2010
ORDER
THIS CAUSE came before the Court upon Pro Se Plaintiff Trevino's Motion for Summary Judgment [D.E. 40], and Defendant Ricky Rowe's Motion for Summary Judgment [D.E. 44].
On April 15, 2008, Pro Se Plaintiff Daniel Trevino filed this Complaint pursuant to 42 U.S.C. § 1983, alleging inadequate medical care regarding a detached retina received at his former place of incarceration, Everglades Correctional Institution [D.E. 1]. Trevino names as a defendant Ricky Rowe, a Licensed Practical Nurse. The case was referred to the Honorable United States Magistrate Judge Patrick A. White pursuant to the Clerk's Order [D.E. 3]. On May 26, 2009, Plaintiff filed a Motion for Summary Judgment [D.E. 40]. Subsequently, Defendant filed a Motion for Summary Judgment on June 8, 2009 [D.E. 44].
On January 28, 2010, the Magistrate Judge issued a Report and Recommendation recommending that Defendant's Motion for Summary Judgment be granted, and that Plaintiff's Motion be denied [D.E. 53]. On February 10, 2010, this Court granted Plaintiff's request for an extension to file objections [D.E. 55]. Plaintiff was given until March 23, 2010 to respond. The extension period has passed, and no objections have been filed.
THE COURT has conducted a de novo review of the file and is otherwise fully advised in the premises.
Accordingly, it is
ORDERED AND ADJUDGED that United States Magistrate Judge White's Report and Recommendation [D.E. 53] is hereby RATIFIED, AFFIRMED and APPROVED in its entirety.
It is further
ORDERED AND ADJUDGED that Defendant Rowe's Motion for Summary Judgment [D.E. 44] is GRANTED, and Plaintiff Trevino's Motion for Summary Judgment [D.E. 40] is DENIED. It is further
ORDERED AND ADJUDGED that this case is CLOSED, and any pending motions are DENIED as moot. DONE AND ORDERED in Chambers at Miami, Florida.