Nichols v. Burnside

Filing 10

ORDER ADOPTING 7 Report and Recommendations. Defendants Abreu and Upton are dismissed from this action, and the Plaintiffs claim for injunctive relief also is dismissed. The Plaintiffs claim against Defendant Dr. Burnside shall go forward. Ordered by Judge Marc Thomas Treadwell on 5/24/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JOHNNY CONNER NICHOLS,
Plaintiff,
v.
DR. BURNSIDE, et al.,
Defendants.

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CIVIL ACTION NO. 5:11-CV-116 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States Magistrate
Judge Charles H. Weigle. (Doc. 7). The Magistrate Judge, having reviewed the Plaintiff’s
complaint pursuant to the Prison Litigation Reform Act, 28 U.S.C. § 1915A(a) & (b),
recommends (a) dismissing Defendants Abreu and Upton; (b) dismissing the Plaintiff’s claim
for injunctive relief as moot; and (c) allowing the Plaintiff’s claim against Defendant Dr.
Burnside to proceed. The Plaintiff filed an objection to the Recommendation. (Doc. 9).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s objection and has
made a de novo determination of the portions of the Recommendation to which the Plaintiff
objects.
The Recommendation is adopted and made the order of this Court. Defendants Abreu
and Upton are dismissed from this action, and the Plaintiff’s claim for injunctive relief also is
dismissed. The Plaintiff’s claim against Defendant Dr. Burnside shall go forward.
SO ORDERED, this 24th day of May, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT