Summary
replacing knee brace containing metal or plastic with knee brace without metal or plastic did not constitute deliberate indifference
Summary of this case from Tannenbaum v. StateOpinion
Civil Action No. 05-1118.
March 16, 2008
ORDER
The above captioned case was filed on August 11, 2005, and was referred to Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation (doc. no. 111), filed on February 15, 2008, recommended that the Motion for Summary Judgment filed by Defendants Noel and Falor (doc. no. 88) be granted and that the Motion for Summary Judgment filed by the Commonwealth Defendants (doc. no. 96) be granted. All parties were served with the Report and Recommendation and Plaintiff filed Objections on February 29, 2008 (doc. nos. 112 113). After de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following order is entered:
AND NOW, this 13 day of March, 2008;
IT IS HEREBY ORDERED that the Motion for Summary Judgment filed by Defendants Noel and Falor (doc. no. 88) is GRANTED and the Motion for Summary Judgment filed by the Commonwealth Defendants (doc. no. 96) is GRANTED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 111) of Magistrate Judge Lenihan, dated February 15, 2008, is adopted as the Opinion of the court.
IT IS FURTHER ORDERED that JUDGMENT is entered in favor of the Defendants and the Clerk of Court is directed to mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.