Smith v. Peavy et al

Filing 14

ORDER ADOPTING 11 Report and Recommendations. The Plaintiff's claims against all Defendants except for Defendant Brogdon are DISMISSED. The Plaintiff's claims against Defendant Brogdon may proceed. Therefore, service is to be made on Defendant Brogdon. Ordered by Judge Marc Thomas Treadwell on 08/19/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
THOMAS WAYNE SMITH,
Plaintiff,
v.
Sheriff VAN PEAVY, et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:11-CV-177(MTT)

ORDER
This case is before the Court on the Recommendation (Doc. 11) of United States
Magistrate Judge Charles H. Weigle pursuant to his 28 U.S.C. § 1915(e)(2) initial
review. The Magistrate Judge recommends allowing the Plaintiff’s claims against
Defendant Sergeant Mike Brogdon for use of excessive force in violation of the Eighth
Amendment to proceed. However, the Magistrate Judge recommends dismissing the
remaining defendants because (a) the Plaintiff failed to make any allegations against
any other defendant and (b) as to supervisory defendants, there is no respondeat
superior liability under § 1983. The Plaintiff did not file an objection.
Pursuant to 28 U.S.C. § 636(b)(1), 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 claims against all Defendants except for Defendant Brogdon are
DISMISSED. The Plaintiff’s claims against Defendant Brogdon may proceed.
Therefore, service is to be made on Defendant Brogdon.

SO ORDERED, this the 19th day of August, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jch

-2-