Andrews v. Hensley et al, No. 6:2021cv00045 - Document 87 (E.D. Ky. 2023)
Court Description: OPINION AND ORDER re 78 Motion for Summary Judgment; 79 Motion for Summary Judgment; 82 Motion to Dismiss; 86 Report and Recommendations: 1) The Report and Recommendation (DE 86) is ADOPTED as the Courts opinion; 2) Defendants motion s for summary judgment (DE 78, 79) are GRANTED; 3) Plaintiffs motion to dismiss (DE 82) is DENIED; and 4) A judgment consistent with this order and the Report and Recommendation will be entered. Signed by Judge Karen K. Caldwell on 9/21/2023. (JMB)cc: COR and Namaire Andrews by US Mail
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Andrews v. Hensley et al Doc. 87 Case: 6:21-cv-00045-KKC-HAI Doc #: 87 Filed: 09/21/23 Page: 1 of 2 - Page ID#: 604 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION AT LONDON NAMAIRE Q. ANDREWS, NO. 6:21-CV-45-KKC-HAI Plaintiff, v. OPINION AND ORDER JAILER JAMIE MOSLEY, et al., Defendants. ****************** This matter is before the Court on Defendants’ motions for summary judgment (DEs 78, 79), Plaintiff’s motion to dismiss (DE 82), and the magistrate judge’s report and recommendation. (DE 86.) Plaintiff Andrews brought a § 1983 claim against Defendants arising from a stroke that he suffered while incarcerated. The magistrate judge found that Andrews’s claim cannot survive summary judgment because he could not satisfy the elements for his deliberate indifference claim and did not file any responses to defendants’ motions for summary judgment. (Id. at 6.) Accordingly, the magistrate judge has recommended that the Court grant Defendants’ motions for summary judgment and deny Andrews’s motion to dismiss. Plaintiff has not filed any objections to the recommendation. Further, the Court has reviewed the recommendation and agrees with its analysis. Accordingly, the Court hereby ORDERS as follows: Dockets.Justia.com Case: 6:21-cv-00045-KKC-HAI Doc #: 87 Filed: 09/21/23 Page: 2 of 2 - Page ID#: 605 1) The Report and Recommendation (DE 86) is ADOPTED as the Court’s opinion; 2) Defendants’ motions for summary judgment (DE 78, 79) are GRANTED; 3) Plaintiff’s motion to dismiss (DE 82) is DENIED; and 4) A judgment consistent with this order and the Report and Recommendation will be entered. This 21st day of September, 2023. 2
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