Kelsey v. Burnside et al

Filing 38

ORDER adopting Report and Recommendations re 34 Report and Recommendations; granting 16 Burnside, Chase, and Ramsey's Motion to Dismiss. Plaintiff's claims against Goale, McKinley, Fields, and Perry are also dismissed. Ordered by Judge Hugh Lawson on 09/29/09. (mbh)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION F R AN K L IN KEITH KELSEY, : : Plaintiff, : : : : v. : : D R . HALE BURNSIDE, et al., : : D e fe n d a n ts . : _______________________________ :

C ivil Action No. 5 :0 8 -C V -2 8 2 (HL)

ORDER B e fo re the Court is the Recommendation (Doc. 34) entered on August 11, 2 0 0 9 , of United States Magistrate Judge Claude W . Hicks, Jr., in which the M a g i s tra te Judge recommends that the Motion to Dismiss filed by Defendants B urns i d e , Chase, and Ramsey be granted (Doc. 16). The Magistrate Judge also re c o m m e nd s dismissing Plaintiff's action against the remaining Defendants, Goale, M c K i nl e y , Perry, and Fields. Plaintiff has filed an Objection (Doc. 35). Defendants Burnside, Chase, and R a m s e y , have filed a response to Plaintiff's objection (Doc. 36). Pursuant to 28 U .S .C . § 636(b)(1), the Court has thoroughly considered Plaintiff's Objection and has m a d e a de novo determination of the portion of the Recommendation to which he o b j e c ts .

A fte r close consideration, the Court accepts and adopts the findings, c o nc l us i o ns , and recommendations of the Magistrate Judge. The Magistrate Judge d i d not specifically state why Plaintiff's claims against Defendants Goale, McKinley, a nd Fields should be dismissed. Nevertheless, the Court finds, after careful review o f Plaintiff's complaint and the record, that Plaintiff's claims against Defendants G o a l e , McKinley, and Fields are subject to dismissal because Plaintiff failed to e xha us t his administrative remedies as to them. Plaintiff filed two grievances while i nc a rc e ra te d at Men's State Prison, neither of which complained of any actions or i na c ti o ns of Defendants Goale, McKinley, and Fields. Accordingly, the Defendants Burnside, Chase, and Ramsey's Motion to D i s m i s s is Granted and Plaintiff's action against the remaining Defendants, Goale, M c K i nl e y , Fields, and Perry, is dismissed. SO ORDERED, this the 29th day of September, 2009.

/s/ Hugh Lawson HUGH LAWSON, Senior Judge

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