Opinion
1:23-CV-66
07-20-2023
ORDER
The United States Magistrate Judge filed a Recommendation in accordance with 28 U.S.C. § 636(b) and the Clerk served the recommendation on the parties. The plaintiff filed objections, but he does not direct any argument to the Magistrate Judge's analysis of his claim against defendant Haq in his official capacity. Doc, 25. That analysis is correct. After de novo consideration, the Court adopts the Recommendation.
It is ORDERED that the motion to dismiss, Doc. 17, is GRANTED in part and DENIED in part, in that the claim against defendant Haq in his official capacity claim is DISMISSED but the plaintiff's claim against the defendant Haq in his individual capacity for deliberate indifference to a serious medical need may proceed.
It is further ORDERED that the matter is referred to the Magistrate Judge for a discovery scheduling order.