Siefken v. Walker et al

Filing 27

ORDER ADOPTING 24 Report and Recommendations and GRANTING 16 Motion to Dismiss Complaint. To the extent the Plaintiff seeks prospective injunctive relief, that claim is DENIED AS MOOT. Ordered by Judge Marc Thomas Treadwell on 12/28/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DANIEL PAUL SIEFKEN,
Plaintiff,
v.
VICTOR WALKER, et al.,
Defendants.

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CIVIL ACTION NO. 5:11-CV-144 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 24). In his complaint, the Plaintiff contends
that, while incarcerated at Baldwin State Prison, the Defendants failed to place him in
protective custody, which resulted in him being assaulted by another inmate on
December 31, 2010. The Plaintiff also claims that the Defendants’ subsequent refusal
to place him in protective custody was improper.
The Magistrate Judge recommends granting the Defendants’ motion to dismiss
due to the Plaintiff’s failure to exhaust his administrative remedies prior to filing suit, as
required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The Plaintiff has
filed an objection to the Recommendation (Doc. 25), and the Defendants have filed a
response thereto (Doc. 26). Pursuant to 28 U.S.C. § 636(b)(1), the Court has
considered the objection and has made a de novo determination of the portions of the
Recommendation to which the Plaintiff objects.

The Court accepts and adopts the findings, conclusions, and recommendations
of the Magistrate Judge. The Defendants’ motion to dismiss is granted. Moreover, to
the extent the Plaintiff seeks prospective injunctive relief, that claim is denied as moot.
McKinnon v. Talladega Cnty, Ala., 745 F.2d 1360, 1363 (11th Cir. 1984) (noting the
general rule that “a prisoner’s transfer or release from a jail moots his individual claim
for declaratory and injunctive relief”). This action is hereby dismissed without
prejudice.
SO ORDERED, this 28th day of December, 2011.

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

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