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DANIELS v. BEARD

October 17, 2005.

PHILLIP DANIELS, Plaintiff,
v.
JEFFERY A. BEARD, et al., Defendants.



The opinion of the court was delivered by: RICHARD CONABOY, Senior District Judge

MEMORANDUM and ORDER

Before the Court is Magistrate Judge Blewitt's Report and Recommendation of August 12, 2005, (Doc. 15), regarding Plaintiff's § 1983 and Eighth Amendment claims. The Magistrate Judge screened Plaintiff's claims pursuant to 28 U.S.C. § 1915 and recommends that Plaintiff's § 1983 claim and Eighth Amendment conditions of confinement claim be DISMISSED and that his Eighth Amendment inadequate medical treatment claim PROCEED against Defendants Bohinski and Klisnewski. Furthermore, the Magistrate Judge recommends that the Court REMAND this case to him for further proceedings.

On May 18, 2005, the Magistrate Judge issued a Report and Recommendation, (Doc. 7), recommending that Plaintiff's Complaint be dismissed as to Defendants Wynder, Bleich, Kneiss, Beard, Prison Health Services ("PHS"), Ginnochette and Stanish for failure to state a claim, the case proceed with respect to Plaintiff's Eighth Amendment claim against Defendants Bohinski and Klisnewski, and the action be remanded to him for further proceedings. This Court adopted the Magistrate Judge's Report and Recommendation on July 26, 2005. (Doc. 13). However, on June 6, 2005, Plaintiff filed an Amended Complaint, (Doc. 11), without the leave of this Court, and added Defendants McGrady, Prapuolenis, Schoonover and Jones and removed PHS from the action. The Magistrate Judge's August 12, 2005, Report and Recommendation addresses Plaintiff's Amended Complaint.*fn1

  This case arises from a Complaint filed by Plaintiff on April 26, 2005. On November 11, 2004, Plaintiff fell while attempting to climb from his desk chair onto his assigned top bunk. Plaintiff was injured in the fall and was treated at the infirmary at SCI-Dallas. Plaintiff claims that the infirmary failed to provide him with adequate medical care by only treating his pain with Tylenol rather than a prescription pain drug. Additionally, Plaintiff claims that inmates assigned to the top bunk should have been provided with a ladder to reach the assigned bed.

  On September 15, 2005, Plaintiff filed objections to the Magistrate Judge's August 12, 2005, Report and Recommendation. (Doc. 20). Therefore, we will make a de novo determination regarding the matters to which Plaintiff has objected. See 28 U.S.C. § 636(b)(1)(C).

  After a thorough examination of the record, we will ADOPT the Magistrate Judge's Report and Recommendation and order that Plaintiff's Eighth Amendment inadequate medical care claim against Defendants Bohinski and Klisnewski proceed before the Magistrate Judge.

  I. BACKGROUND*fn2

  On April 26, 2005, Plaintiff filed this civil rights action, pro se, pursuant to 42 U.S.C. § 1983. (Doc. 1). Plaintiff also filed an in forma pauperis application. (Doc. 2). The Magistrate Judge preliminarily screened the Complaint pursuant to the Prison Litigation Reform Act. In an initial Report and Recommendation filed on May 18, 2005, the Magistrate Judge recommended that Defendants Wynder, Bleich, Kneiss, Beard, Prison Health Services ("PHS"), Ginnochette and Stanish be dismissed for failure to state a claim against them pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and that this case proceed with respect to Plaintiff's Eighth Amendment medical treatment claim against Defendants Bohinski and Klisnewski. Additionally, the Magistrate Judge recommended that this case be remanded to him for further proceedings as to the Eighth Amendment claim against Defendants Bohinski and Klisnewski. (Doc. 7). On July 26, 2005, this Court issued an Order adopting the Magistrate Judge's Report and Recommendation as detailed above. (Doc. 13).

  While the Report and Recommendation was pending with this Court, Plaintiff filed an Amended Complaint on June 10, 2005 with a support Memorandum. (Docs 11 & 12). In his Amended Complaint, Plaintiff renames several Defendants who were named in his original Complaint and who we have already dismissed by adopting the Magistrate Judge's May 18, 2005, Report and Recommendation.

  Plaintiff named four new Defendants in his Amended Complaint, namely James McGrady, Deputy Superintendent, CO Prapuolenis, Captain Schoonover, and Donald Jones, Hearing Examiner. (Doc. 11).

  In the report considered here, the Magistrate Judge recommends that we dismiss the claims against each of these new Defendants and all Defendants previously dismissed when this Court adopted the May 18, 2005, Report and Recommendation.

  II. DISCUSSION

  A. Plaintiff's Objections

  On September 15, 2005, Plaintiff filed objections to the Magistrate Judge's August 12, 2005, Report and Recommendation. (Doc. 20). Because Plaintiff's objections were both broad and vague, we will not revisit every issue discussed in the Magistrate Judge's Report and Recommendation. Generally, Plaintiff states that he set forth viable ...


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