Fricks v. Upton et al

Filing 21

ORDER ADOPTING 5 Report and Recommendations. The Plaintiff's injunctive and declaratory claims, his Eighth-Amendment claims and his access-to-courts claims will all be dismissed; however, the Plaintiff's due-process and first-amendment claims against Warden Upton and Officer Henson will be allowed to proceed and service is ordered upon those Defendants. Ordered by Judge Marc Thomas Treadwell on 7/26/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TIMOTHY MARVIN FRICKS,
Plaintiff,
v.
Warden STEVE UPTON, et al.,

Defendants.

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CIVIL ACTION NO. 5:10-CV-458(MTT)

ORDER
This case is before the Court on the Recommendation (Doc. 5) of United States
Magistrate Judge Charles H. Weigle pursuant to his 28 U.S.C. § 1915(e)(2) initial
review. The Magistrate Judge recommends (a) denying as moot the Plaintiff’s claims
for injunctive and declaratory relief; (b) dismissing the Plaintiff’s Eighth Amendment
claims as frivolous; (c) dismissing the Plaintiff’s access-to-courts claim as frivolous; (d)
allowing the Plaintiff’s due-process and first-amendment claims to proceed against
Warden Steve Upton and Officer Wayman Henson; and (e) ordering service against
Warden Upton and Officer Henson. The Plaintiff did not file an objection to the
Recommendation. The Court has reviewed the Recommendation and the Court
accepts and adopts the findings, conclusions and recommendations of the Magistrate
Judge. The Recommendation is adopted and made the order of this Court. The
Plaintiff’s injunctive and declaratory claims, his Eighth-Amendment claims and his
access-to-courts claims will all be dismissed; however, the Plaintiff’s due-process and

first-amendment claims against Warden Upton and Officer Henson will be allowed to
proceed and service is ordered upon those Defendants.
SO ORDERED, this the 26th day of July, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jch