Opinion
Civil Action No. 06-160.
March 31, 2008
Re: Dkt. No. [23] MEMORANDUM ORDER
AND NOW, this 31st day of March 2008, it appearing that this Court had previously vacated the order adopting the Report and Recommendation of the Magistrate Judge, Dkt. [44], in order to permit Plaintiff to file objections within a limited time in light of his representation that he never received the Report, and it further appearing that Plaintiff nevertheless failed to file objections after being afforded the opportunity to do so, the Court hereby readopts the Report as the opinion of the Court and IT IS HEREBY ORDERED that the motion to dismiss filed by defendants Dr. Adam Ebelman, Dr. Michael Herbik, and Prison Health Services, Inc. [Dkt. No. 23] is granted as to plaintiff's procedural due process claims and denied in all other respects. IT IS FURTHER ORDERED that, pursuant to the Prison Litigation Reform Act, plaintiff's claim that his food is prepared and cooked by prisoners thereby violating the Eighth Amendment is dismissed for failure to state a claim.