From Casetext: Smarter Legal Research

Chacon v. Ofogh

United States District Court, W.D. Virginia, Roanoke Division
Sep 8, 2008
Civil Action No. 7:08cv00046 (W.D. Va. Sep. 8, 2008)

Summary

taking "judicial notice of the fact that nurses generally cannot prescribe treatment or overrule a doctor's orders"

Summary of this case from Melton v. Simmons

Opinion

Civil Action No. 7:08cv00046.

September 8, 2008


ORDER


This case was referred pursuant to 28 U.S.C. § 636(b)(1)(B) to the Honorable Michael F. Urbanski, United States Magistrate Judge. The Magistrate Judge has filed a report recommending that the court grant summary judgment to defendants Ofogh, Schilling, and Rowlett and dismiss plaintiff's claim against Phipps for failure to state a claim upon which relief can be granted. Objections to the report and recommendation have not been filed, and the court, upon review of the record, is of the opinion that the report should be adopted. It is accordingly, ORDERED and ADJUDGED that summary judgment is entered for defendants, Ofogh, Schilling, and Rowlett and plaintiff's claims against Phipps are dismissed for failure to state a claim upon which relief can be granted.


Summaries of

Chacon v. Ofogh

United States District Court, W.D. Virginia, Roanoke Division
Sep 8, 2008
Civil Action No. 7:08cv00046 (W.D. Va. Sep. 8, 2008)

taking "judicial notice of the fact that nurses generally cannot prescribe treatment or overrule a doctor's orders"

Summary of this case from Melton v. Simmons
Case details for

Chacon v. Ofogh

Case Details

Full title:ALFONSO CHACON, Plaintiff, v. DR. OFOGH, et al., Defendants

Court:United States District Court, W.D. Virginia, Roanoke Division

Date published: Sep 8, 2008

Citations

Civil Action No. 7:08cv00046 (W.D. Va. Sep. 8, 2008)

Citing Cases

Shover v. Chestnut

Whether Munsey's response was accurate with respect to MRRJ's cane policy and whether Shover agreed with…

Metcalf v. GEO Grp.

Thus, he has failed to demonstrate that he has a serious medical need for hearing aids based on his mild…