Summary
finding no objectively severe medical need for a liver transplant when the plaintiff's "treatment regimen has proven adequate for his condition and that his condition has remained stable"
Summary of this case from Brown v. CooperOpinion
Civil No. 08-4731 (ADM/JJG).
September 2, 2009
ORDER ON REPORT AND RECOMMENDATION
The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendants' Motion to Dismiss and for Summary Judgment (Doc. No. 12) is GRANTED;
2. Garcia's claims against Defendants Warden Marty C. Anderson, Dr. T. Tran, and Dr. S. Stanton are DISMISSED WITH PREJUDICE;
3. Garcia's claims against Defendants Jane Doe and John Doe are DISMISSED WITHOUT PREJUDICE; and
4. Garcia's Motion in Opposition to Summary Judgment (Doc. No. 33) is DENIED.