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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

GUY DONNELLY SHANNON, JR, 201-038 * Plaintiff v. * * * DEPARTMENT OF PUBLIC SAFETY and CORRECTIONAL SERVICES, et al. Defendants * * *** MEMORANDUM The self-represented plaintiff, Guy Donnelly Shannon, Jr., a State of Maryland inmate now confined at Patuxent Institution, filed a prisoner civil rights suit against numerous defendants. The Department of Safety and Correctional Services ("DPSCS"); John Wolfe; Rene Greene; Martin Ice; Shalawnda Suggs; Iwill Mason; and Christopher Ogbolu, defendants (collectively, the "State Defendants"), moved to dismiss or, in the alternative, for summary judgment. ECF 12. Defendants Corizon, Inc. ("Corizon"), formerly known as Correctional Medical Services, Inc. or "CMS"; Andrew Moultrie, M.D.; and John Moss, PAC (collectively, the "Medical Defendants"),1 have also moved to dismiss or, in the alternative, for summary judgment. ECF 21. Plaintiff has filed a response (ECF 23) as well as a "Motion in form of a settlement out of court on all cases" (ECF 24). Civil Action No. ELH-11-1830

Plaintiff also named "Nurse Chrissy" as a defendant. However, she was never served. Because Shannon raises no claims against Chrissy, she shall be dismissed as a defendant in this case.

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The issues have been fully briefed, and the Court now rules pursuant to Local Rule 105.6, no hearing being necessary. After considering the pleadings, exhibits, and applicable law, the Court will grant the dispositive motions filed by the State Defendants (ECF 12) and the Medical Defendants (ECF 21). A separate Order follows. I. PETITIONER'S CLAIMS Shannon filed suit on June 30, 2011, while he was incarcerated at Jessup Correctional Institution ("JCI"). He alleged that, since May 4, 2011, he was refused medical treatment by the defendants, despite his "many Sick Call Requests and ARP[s]." (ECF 1, Complaint, p. 1). Shannon claims that he suffers from seizures, asthma, degenerative joint disease in his hips, back, knees, and shoulders, and chronic arthritis in his neck, ECF 1 at 1, and John Moss ("P.A. Moss"), a physician's assistant, prevented him from seeing any doctors for his conditions. See ECF 3, Supplement to Complaint, p. 3. Further, Shannon alleges that, on June 14, 2011, P.A. Moss told him that he would be seen by Dr. Moultrie on June 15, 2011, yet he did not see Dr. Moultrie. ECF 1 at 1. From June 22, 2011 to June 27, 2011, Shannon staged a hunger strike but he was not seen by a medical provider afterwards. Id. at 1. He also claims that, on June 24, 2011 and June 27, 2011, Nurse Chrissy asked officers on the B unit tier to take Shannon to the medical tier, but he was never sent. According to Shannon, he is in pain, and he "can't sleep or eat all the time," causing mental health problems. Moreover, he contends that his treatment amounts to cruel and unusual

punishment, in violation of the Eighth Amendment. As redress, he asks the Court to issue an order to prescribe Tylenol-3, an MRI or CT-scan, a vaporizer, and a fan. ECF 1 at 2; ECF 3 at 5.

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II.

FACTUAL SUMMARY Defendants have filed verified and undisputed copies of Shannon's medical records, along

with the Affidavit of Andrew Moultrie, M.D., dated November 22, 2011. ECF 21-2. Since December 2009, Moultrie served as the Medical Director for Corizon at JCI, where Shannon was incarcerated. Shannon has a history of a seizure disorder, asthma, and chronic pain in his cervical spine and hips. ECF 21-2, Medical Defendants' Exhibit A, Affidavit of Andrew Moultrie, M.D. (hereinafter, "Exhibit A"),

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