Filed: Nov. 06, 2019
Latest Update: Nov. 06, 2019
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge re: Defendant Major Dean Lewis (the "Report") [ECF No. 295]. Plaintiff Bobby Minnis filed a pro se Amended Complaint for Violation of Civil Rights, pursuant to 42 U.S.C. 1983, and was permitted to proceed in forma pauperis. [ECF Nos. 6 & 20]. The case was referred to Judge Patrick A. White for a Re
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge re: Defendant Major Dean Lewis (the "Report") [ECF No. 295]. Plaintiff Bobby Minnis filed a pro se Amended Complaint for Violation of Civil Rights, pursuant to 42 U.S.C. 1983, and was permitted to proceed in forma pauperis. [ECF Nos. 6 & 20]. The case was referred to Judge Patrick A. White for a Rep..
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ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES, District Judge.
THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge re: Defendant Major Dean Lewis (the "Report") [ECF No. 295]. Plaintiff Bobby Minnis filed a pro se Amended Complaint for Violation of Civil Rights, pursuant to 42 U.S.C. § 1983, and was permitted to proceed in forma pauperis. [ECF Nos. 6 & 20]. The case was referred to Judge Patrick A. White for a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B) [ECF No. 3], and was later reassigned to Judge Reid [ECF No. 195]. The Report recommends that Defendant Major Dean Lewis's Motion for Summary Judgment (the "Motion") [ECF No. 238] be denied because genuine issues of material fact exist regarding (1) whether Plaintiff had a serious medical need, (2) whether Defendant was deliberately indifferent to Plaintiff's serious medical need, and (3) whether Plaintiff suffered an injury because of Defendant's deliberate indifference. No objections were filed.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Court, having reviewed the record for clear error, agrees with Judge Reid's analysis and findings that Defendant's Motion must be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Judge Reid's Report [ECF No. 295] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; and
(2) Defendant's Motion for Summary Judgment [ECF No. 238] is DENIED.
DONE AND ORDERED.