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SMITH v. SMITH

No. 08-7139.

589 F.3d 736 (2009)

Roy L. SMITH, Plaintiff-Appellant, v. Amy L. SMITH, Nurse, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Jamal Malik Edwards, Kirkland & Ellis, LLP, Chicago, Illinois, for Appellant. Samuel F. Arthur, III, Aiken, Bridges, Nunn, Elliott & Tyler, PA, Florence, South Carolina, for Appellee. ON BRIEF: William E. Devitt, P.C., Naima Garvin, Rebecca P. Piper, Kirkland & Ellis, LLP, Chicago, Illinois, for Appellant.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL and Judge LEGG joined.

OPINION

GREGORY, Circuit Judge:

Roy L. Smith ("Smith"), an inmate at the Evans Correctional Institute in Bennettsville, South Carolina, filed a complaint under 42 U.S.C. § 1983 alleging the defendant, Amy L. Smith ("Nurse Smith"), exhibited deliberate indifference to Smith's serious medical need in violation of his Eighth Amendment rights. The district court adopted the magistrate judge's report and recommendation ("R & R"), dismissing the complaint...

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