Martin v. McDaniel et al.

Filing 21

ORDER ADOPTING 16 Report and Recommendations. The Plaintiff may amend his complaint to add an allegation that Defendant McDaniel ordered inmate Wakenya Harris to attack him. Ordered by Judge Marc Thomas Treadwell on 10/24/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JAMES M. MARTIN,
Plaintiff,
v.
LIEUTENANT JOHNNY MCDANIEL,
Defendant.

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CIVIL ACTION NO. 5:11-CV-192 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 16). The Magistrate Judge recommends
granting the motions to amend to the extent the Plaintiff seeks to amend his Eighth
Amendment claim to add allegations that Defendant Johnny McDaniel ordered inmate
Wakenya Harris to attack him and to add the Georgia Department of Corrections and
Warden Robert Toole as defendants. However, after screening the Complaint pursuant
to 28 U.S.C. § 1915A, the Magistrate Judge held that the Plaintiff cannot maintain an
action against the Georgia Department of Corrections because it is not a “person”
subject to 42 U.S.C. § 1983 liability, and it is entitled to Eleventh Amendment immunity.
Additionally, the Magistrate Judge held that the Plaintiff had not asserted sufficient facts
to support a § 1983 supervisory liability claim against Toole. The Plaintiff filed an
objection to the Recommendation. (Doc. 19). Pursuant to 28 U.S.C. § 636(b)(1), the
Court has thoroughly 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 Plaintiff may amend his complaint to add an allegation that
Defendant McDaniel ordered inmate Wakenya Harris to attack him.
SO ORDERED, this the 24th day of October, 2011.

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

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