Summary
In Briggs v. B. R., L. P. Co., 194 Ala. 273, 69 So. 926, the expert witness was permitted to testify as to properly insulated arc lamps.
Summary of this case from J. H. Burton Sons Co. v. MayOpinion
No. 05-CV-266-DRH.
July 10, 2007
ORDER
Plaintiff Isaac Briggs ("Plaintiff"), an inmate in the custody of the Illinois Department of Corrections, filed an amended complaint (Doc. 28.) alleging that Defendants acted with deliberate indifference regarding his need for dental and medical care while he was incarcerated at Menard Correctional Center. At this point, only Courts 14 and 15 of Plaintiff's amended complaint remain. ( See Doc. 30.) On February 16, 2007, Defendants Pamela Grubman, Linda Goforth and Vickie Howie filed a motion to dismiss Plaintiff's amended complaint. (Doc. 42.)
This matter now comes before the Court on a Report and Recommendation (the "Report") issued by U.S. Magistrate Judge Clifford J. Proud on June 19, 2007 pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. 61.) Magistrate Judge Proud's Report recommends that the motion to dismiss filed by Defendants Grubman, Goforth, and Howie be denied. ( Id.)
Under Rule 73.1 of the Local Rules of the Southern District of Illinois, the parties had ten days in which to serve and file written objections to the Report. As of this date, no objections have been filed. The ten-day period in which parties may file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn , 474 U.S. 140, 149-52 (1985).
Accordingly, the Court ADOPTS Judge Proud's Report (Doc. 61), and DENIES Defendants' motion to dismiss Plaintiff's amended complaint. (Doc. 42.)
IT IS SO ORDERED.