Summary
recognizing that under Kingsley "[m]ere negligence . . . will not support the finding of a constitutional violation" on a pretrial detainee's challenge to medical care and then finding that to proceed on such a claim "a detainee must demonstrate" each of the elements of deliberate indifference
Summary of this case from Foster v. S. Health PartnersOpinion
NO. 3:14CV232-NBB-SAA
08-14-2015
MONTRELL WELLS PLAINTIFF v. T.C.C.F. and CORRECTIONS CORPORATION OF AMERICA DEFENDANTS
FINAL JUDGMENT
Upon consideration of the file and records in this action, the Court finds that the Report and Recommendation of the United States Magistrate Judge dated July 8, 2015, was on that date duly served by mail on the pro se plaintiff at his last known address; that more than fourteen days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The Court is of the opinion that the Magistrate Judge's Report and Recommendation should be approved and adopted as the opinion of the Court. It is, therefore, ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge dated July 8, 2015, is hereby APPROVED AND ADOPTED as the opinion of the Court.
2. That the instant case is hereby DISMISSED with prejudice for the plaintiff's failure to state a claim upon which relief may be granted, counting as a "strike" under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915(g).
3. That this case is CLOSED.
SO ORDERED this the 14th day of August, 2015.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE