Thomas v. Cain et al, No. 3:2013cv00673 - Document 35 (M.D. La. 2015)

Court Description: OPINION Adopting the 33 U.S. Magistrate Judge's Report and Recommendation. The defendant's 17 Motion for Summary Judgment is granted in part, dismissing the plaintiff's Eighth Amendment deliberate medical indifference claims arising before 6/8/2012, and his claim based on the requirement that he and other inmates make a co-payment insofar as such claim is based on a violation of the Eighth Amendment. The plaintiff's 30 Memorandum in Support is treated as a motio n for summary judgment and is denied. The court declines to exercise supplemental jurisdiction over any state law claims and that these claims are dismissed without prejudice and this action is referred back to the Magistrate Judge for further proceedings on the plaintiff's Eighth Amendment deliberate medical indifference claims arising on or after 6/8/2012, based on the failure to provide hip and hernia surgery. Signed by Judge John W. deGravelles on 2/11/2015. (LLH)