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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MATTHEW SPENCER O'BRIEN, Plaintiff v. MR. SUMMERFIELD, Defendant

* * * *** MEMORANDUM CIVIL ACTION NO. ELH-11-2346

Plaintiff Matthew O'Brien, a State of Maryland inmate who is self-represented, filed suit against Michael Summerfield, M.D. in August 2011. ECF 1.1 Defendant has moved to dismiss, or, in the alternative, for summary judgment (the "Motion"). See ECF 19. Plaintiff opposes the Motion. See ECF 28, 30,2 32, 33 and 35. Upon review of the submissions, the Court finds a hearing in this matter unnecessary. See Local Rule 105.6. Background Plaintiff is currently incarcerated at the North Branch Correctional Institution ("NBCI") in Cumberland, Maryland. He alleges that on November 19, 2008, he saw an eye doctor at NBCI who advised him he had nerve damage in his eyes. Plaintiff indicates that he was given a pair of glasses and placed on the list to see the eye specialist. According to plaintiff, he saw Dr. Summerfield, the eye specialist, who performed some tests and confirmed that plaintiff has nerve damage in his eye. Plaintiff advised Dr. Summerfield that his vision was worsening, his eyes Other parties were named in various amendments and then stricken. Plaintiff's claims against Dr. Ottey and Lisa Schindler, concerning his right thumb, are being litigated separately, in Case No. ELH-11-2357.
1

The self-represented plaintiff entitled this filing a "motion to alter or amend the judgment." The motion is, in reality, an opposition to the pending dispositive motion, and has been considered as such. Defendant has opposed the motion. ECF 31, ECF 34.
2

hurt and burned, and he saw flashes of light that impeded his vision. Nevertheless, plaintiff asserts that Summerfield refused to send him to an outside eye doctor "who has access to more medical machinery." ECF 1. See also ECF 7. The uncontroverted medical records and the affidavit of Dr. Summerfield (ECF 20-2) show that plaintiff was evaluated by optometrist Marcel Brooks, O.D., on November 19, 2008, for a slight increased cup-to disc ratio. As a result of that examination, Dr. Summerfield was asked to perform an ophthalmological examination of plaintiff. ECF 19; ECF 20-2, Ex. 2

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