IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 25, 2009
ARTIE J. ALLEN, PLAINTIFF
WARDEN OF DAUPHIN COUNTY JAIL, MEDICAL SUPERVISOR OF DAUPHIN COUNTY PRISON, AND DOCTOR DREW WAGNER, DEFENDANTS
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 25th day of November, 2009, upon consideration of the report of the magistrate judge (Doc. 45), to which plaintiff filed objections (Doc. 49), recommending that defendants' motions (Docs. 34, 37) for summary judgment be granted pursuant to Federal Rule of Civil Procedure 56(c), and, following an independent review of the record, it appearing that plaintiff has offered insufficient evidence to support his claim that defendants violated his Eighth Amendment right to adequate medical care,*fn1 or that prison officials improperly denied him "bottom bunk status" during during his twelve-day incarceration at Dauphin County Jail,*fn2 it is hereby ORDERED that:
1. The report and recommendation of the magistrate judge (Doc. 45) is ADOPTED, and defendants' motions for summary judgment (Docs. 34, 37) are GRANTED.
2. The Clerk of Court is directed to enter JUDGMENT for defendants and against plaintiff with respect to all claims.
3. The Clerk of Court is directed to CLOSE this case.