Wilkins

ORDER: (1) ADOPTING IN PART MAGISTRATE JUDGE’S R & R [Doc. No. 31]; (2) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Doc. No. 20]; (3) DENYING AS MOOT DEFENDANTS’ MOTION TO STRIKE [Doc. No. 20]; (4) DENYING DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE [Doc. No. 30]; and (5) CONSTRUING PLAINTIFF’S “MOTION TO DISMISS SUMMARY JUDGMENT” AS PLAINTIFF’S' OPPOSITION TO SUMMARY JUDGMENT [Doc. No. 30]

On January 16, 2004, Plaintiff Rhett Wilkins (“Plaintiff’), a state prisoner proceeding pro se, filed a Complaint with this Court alleging that prison officials violated his civil rights pursuant to 42 U.S.C. § 1983 . [Doc. No. 1.] Before the Court are Defendants Ramirez et. al.’s (“Defendants”) Motion for Summary Judgment and Motion to Strike. [Doc. No. 20.] Plaintiff has filed an Opposition, and Defendants have filed a Reply. [Doc. Nos. 30, 28.] Magistrate Judge William McCurine Jr. has filed a Report and Recommendation (“R & R”) advising the Court to grant Defendants’ Motion for Summary Judgment, to grant Defendants’ Motion to Strike Plaintiffs punitive damages claim, and to deny Defendants’ Request for Judicial Notice. [Doc. No. 31.] Neither party has filed an Opposition to the R & R.…