Summary
finding a private provider of services (a hospital) was not a state actor where there were no facts alleged to support a conspiracy between the hospital and the state, the hospital did not perform a function traditionally reserved to the state, and there was no nexus between the state and the hospital's actions
Summary of this case from McPhail v. Fresenius Health PartnersOpinion
No. 3:05-CV-1828-D.
August 23, 2006
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Amended Findings, Conclusions, and Recommendation of the United States Magistrate Judge and plaintiff's objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Amended Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.