DAVIS v. AYERS et al

Filing 9

ORDER adopting Report and Recommendations re 8 Report and Recommendations. Plaintiff's claims that Dr. Ayers is vicariously liable for Plaintiff's injuries due to his failure to train and supervise the nurses and physician's assistant and that Dr. Ayers attempted to coerce Plaintiff into dismissing a grievance are dismissed. Plaintiff's remaining claims shall proceed. Ordered by Judge W. Louis Sands on 7/23/2012. (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
MICHAEL DAVIS aka, WALI MALIK
DAWUD,

:
:
:
Plaintiff,
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v.
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DR. AYERS, et al.,
:
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Defendants.
:
____________________________________:

CASE NO: 1:12-cv-61 (WLS)

ORDER
Before the Court is a Report and Recommendation from U.S. Magistrate Judge Thomas
Q. Langstaff, filed June 1, 2012. (Doc. 8). It is recommended that the Court dismiss Plaintiff’s
claims against Dr. Ayers, brought pursuant to 42 U.S.C. § 1983, for (1) Dr. Ayers’s failure to
train and supervise the nurses and physician’s assistant involved in the care of Plaintiff’s injured
jaw, and (2) Dr. Ayers’s attempt to coerce Plaintiff to dismiss his grievance charge. (Id. at 5-6).
The Report and Recommendation provided the Parties with fourteen (14) days1 from the
date of its service to file written objections to the recommendations therein. (Id. at 6). The
period for filing objections expired on Monday, June 18, 2012; no objections have been filed to
date. (See Docket).
In view of the absence of any objections from the record of this case, the Court’s
consideration of the record of the case as a whole, and the Court’s determination of the
reasonableness of the findings and legal basis of the Recommendation, U.S. Magistrate Judge
Langstaff’s June 1, 2012 Report and Recommendation (Doc. 8) is ACCEPTED, ADOPTED
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The Parties were given an additional three days because service was made by mail. See Fed. R. Civ. P. 6(d)
(adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by
mailing process to a party’s last known address).

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and made the Order of this Court for reason of the findings made and reasons stated therein. The
Court therefore DISMISSES Plaintiff’s claims (1) that Dr. Ayers is vicariously liable for
Plaintiff’s injuries due to his failure to train and supervise the nurses and physician’s assistant
and (2) that Dr. Ayers attempted to coerce Plaintiff into dismissing a grievance. Plaintiff’s
remaining claims of direct liability against Dr. Ayers, Nurse Montgomery, P.A. Edward, Jane
Doe Nurse 1, and Jane Doe Nurse 2 for Eighth Amendment deliberate indifference to his serious
medical needs shall proceed.
SO ORDERED, this 23rd

day of July 2012.
/s/ W. Louis Sands
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT

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