Martin v. McDaniel et al.

Filing 7

ORDER ADOPTING 5 Report and Recommendations. All claims against Defendant Harris, the FTCA claim against Defendant McDaniel, and the property deprivation claim against Defendant McDaniel are DISMISSED. The Plaintiffs § 1983 claim against Defendant McDaniel shall remain pending. Ordered by Judge Marc Thomas Treadwell on 7/1/2011. (tlh)

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

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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. 5). The Magistrate Judge, having granted the
Plaintiff’s motion to proceed in forma pauperis, recommends dismissing the Federal Tort
Claims Act (“FTCA”) and 42 U.S.C. § 1983 claims against Defendant Wakenya Harris
because these claims may not be asserted against a private individual for private
conduct. The Magistrate Judge recommends dismissing the FTCA claims against
Defendant Lieutenant Johnny McDaniel because he is a state, not federal, employee.
The Magistrate Judge also recommends dismissing the property deprivation claims
against the Defendants because the “Plaintiff has failed to allege how either Defendant
is in any way connected to or responsible for his loss of property.” The Plaintiff filed an
objection to the Recommendation.1 (Doc. 6). Pursuant to 28 U.S.C. § 636(b)(1), the

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The Objection was received one day after the Recommendation was submitted in the CM/ECF system.
Although there is no evidence of when the Objection was mailed, the Court considered it timely filed.

Court has thoroughly considered the Objection and has made a de novo determination
of the portions of the Recommendation to which the Petitioner objects.
The Court accepts and adopts the findings, conclusions and recommendations of
the Magistrate Judge. All claims against Defendant Harris, the FTCA claim against
Defendant McDaniel, and the property deprivation claim against Defendant McDaniel
are DISMISSED. The Plaintiff’s § 1983 claim against Defendant McDaniel shall remain
pending.
SO ORDERED, this the 1st day of July, 2011.

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

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