November 20, 2013
ALTON BROWN, Plaintiff,
PRISON HEALTH SERVICES, et al., Defendants.
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 19th day of November, 2013, after careful and independent consideration of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (ECF No. 60) and Plaintiff's objections thereto (ECF No. 89), it is hereby ORDERED as follows:
(1) The Report and Recommendation is APPROVED and ADOPTED;
(2) Plaintiff's objections to the Report and Recommendation are OVERRULED;
(3) The Medical Defendants' Motion to Dismiss pursuant to Rule 41(b) (ECF No. 45) is DENIED;
(4) The Medical Defendants' renewed Motion to Dismiss pursuant to Rule 12(b)(6) is GRANTED;
(5) Plaintiff's Motion to Compel Discovery (ECF No. 37), Motion for Discovery Hearing and Sanctions (ECF No. 40), Motion to Strike (ECF No. 41), and Request for a Court Order (ECF No. 53) are all DENIED AS MOOT;
AND IT IS SO ORDERED.