Huggins v. Owens et al

Filing 42

ORDER ADOPTING 40 Report and Recommendations and GRANTING 23 Motion to Dismiss for Failure to State a Claim. Defendants Brian Owens, James Donald, and David Frazier are DISMISSED as parties to this action. Ordered by Judge Marc Thomas Treadwell on 3/12/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DAVID PAUL HUGGINS,
Plaintiff,
v.
BRIAN OWENS, et al.,
Defendants.
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CIVIL ACTION NO. 5:11-cv-117 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 40). The Magistrate Judge, having
reviewed Defendants Brian Owens, James Donald, and David Frazier’s Motion to
Dismiss, recommends GRANTING the Motion. With regard to the Plaintiff’s deliberate
indifference to medical needs claim against Defendants Owens, Donald, and Frazier,
the Recommendation concludes that the Plaintiff fails to allege facts sufficient to support
the claim against those Defendants.1 With regard to the Plaintiff’s cruel and unusual
punishment claim against Defendants Owen and Donald, the Recommendation
concludes that the Plaintiff failed to establish that the Defendants were “deliberately
indifferent to inmates’ health and safety by implementing the policy of triple-bunking.”
(Doc. 40 at 7).
The Court granted the Plaintiff an extension of time to file an objection to the
Recommendation. (Doc. 41). However, the Plaintiff failed to file an objection by the

1
The deliberate indifference to medical needs claim is the only claim alleged against Defendant
David Frazier.

extended deadline. The Court has reviewed the Recommendation, and the
Recommendation is adopted and made the order of this Court. The Motion to Dismiss
is GRANTED, and Defendants Brian Owens, James Donald, and David Frazier are
DISMISSED as parties to this action. (Doc. 23).
SO ORDERED, this the 12th day of March, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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