Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Willie Maude Jackson v. Edgar Morales

February 21, 2012

WILLIE MAUDE JACKSON, PLAINTIFF,
v.
EDGAR MORALES, MLP, DEFENDANT.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated January 5, 2012 (doc. 60). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.

Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. Defendant Edgar Morales' motion (doc. 41), treated in its entirety as a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), is GRANTED in part and DENIED in part:

A. With respect to the issue of exhaustion of administrative remedies: as to the allegation that Plaintiff was denied proper surgical aftercare, the motion should be GRANTED; as to the allegations that Plaintiff was not timely seen by an ear/nose/throat specialist and did not timely receive surgery on her left ear, the motion should DENIED.

B. With respect to the issue of a statutory time-bar: the motion should be GRANTED, to the extent that Plaintiff's claims against Defendant are limited to events that occurred on or after April 15, 2005.

C. With respect to Defendant's argument that Plaintiff has failed to state an Eighth Amendment claim against him, the motion should be DENIED.

3. This case shall be referred to the assigned magistrate judge to conduct further proceedings, including a period of limited discovery as set forth above.

M. Casey Rodgers

20120221

© 1992-2012 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.