Facts

Eefrom Jones filed a civil rights complaint against Lyn Grant. Jones was a prisoner in Lancaster.

PLAINTIFF'S CONTENTIONS:
On Sept. 9, 2012, plaintiff suffered from severe pain in his right foot. He also noticed a hole and discoloration of his skin and presented to defendant, a licensed vocational nurse. Defendant, however, refused to treat his foot condition, prolonging plaintiff's suffering. A registered nurse later saw plaintiff and determined he was suffering from an infection. The RN provided plaintiff with pain medication and antibiotics. Plaintiff filed a complaint against defendant for exhibiting deliberate indifference towards his serious medical needs. The director, however, found no violation of the policy was committed by defendant. Plaintiff then filed this instant complaint, alleging that defendant knew or should have known that he was suffering from a medical condition when he presented in September. Plaintiff asserted a civil rights violation.

DEFENDANT'S CONTENTIONS:
Defendant moved for summary judgment, seeking dismissal of plaintiff's lawsuit. Defendant contended that she was not guilty of deliberate indifference because her only role in plaintiff's treatment was to ask plaintiff to fill out a medical slip so that he could be treated by someone else at the prison. Plaintiff, however, refused to do so. As an LVN, defendant was not authorized to treat plaintiff. Defendant also claimed that plaintiff was treated immediately by the RN.

Result

The magistrate judge issued a report recommending the district court to grant defendant's motion. The district court subsequently sustained the magistrate judge's findings, granted the motion, and dismissed the case accordingly.