Summary
awarding summary judgment in favor of medical doctor where record showed that physician "determined, on at least two occasions, that Plaintiff was not in urgent need of medical treatment for his complaints of neck pain [that he attributed to a bulging disc in his neck]" and "Plaintiff [failed to present] any medical evidence to refute that conclusion."
Summary of this case from McKinney v. HemsleyOpinion
3:08CV00154 JMM/JTR.
August 28, 2009
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Defendants' Motion for Summary Judgment (docket entry #42) is GRANTED, and this case is DISMISSED, WITH PREJUDICE.
2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.