Curney v. Blakely et al
Filing
21
ORDER adopting 14 Report and Recommendations. Defendants LIEUTENANT PETER EADDIE, CAPTAIN DAVIS, OFFICER SHERMAN CHILDS, LIEUTENANT JOSEPH FELTON,and LIEUTENANT ANTHONY RAWLS are hereby DISMISSED from this action.Ordered by Judge C. Ashley Royal on 12/23/2011 (lap)
THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DARIUS J. CURNEY,
:
:
Plaintiff,
:
Civil Action
:
No. 5:11‐cv‐239 (CAR)
v.
:
:
Unit Manager DAN BLAKELY, et al., :
:
Defendants.
:
:
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Currently before the Court is the Report and Recommendation of the United
States Magistrate Judge [Doc. 14] that Plaintiff’s claims against Unit Manager Dan
Blakely be allowed to go forward but that Plaintiff’s claims against Officer Spencer
Alston, Lieutenant Peter Eaddie, Captain Davis, Officer Sherman Childs, Lieutenant
Joseph Felton, and Lieutenant Anthony Rawls be dismissed pursuant to 28 U.S.C. §
1915A for failure to state a claim. Plaintiff filed an Objection to the Recommendation
[Doc. 17] only objecting to the recommendation of dismissal as to Officer Spencer
Alston; he did not contest the recommendation of dismissal as to the other Defendants.
The Magistrate Judge then construed Plaintiff’s Objection as a motion to amend his
complaint, granted the motion, and found that Plaintiff had alleged a colorable claim
against Officer Alston. See Order for Service on Defendant Alston, Doc. 18. Thus, the
Magistrate Judge allowed Plaintiff’s lawsuit to proceed against Officer Alston and
ordered service be made upon him.
Thus, with the exception of the recommendation to dismiss Officer Spencer
Alston, the Report and Recommendation [Doc. 14] is hereby ADOPTED and made the
Order of the Court. Accordingly, Defendants LIEUTENANT PETER EADDIE,
CAPTAIN DAVIS, OFFICER SHERMAN CHILDS, LIEUTENANT JOSEPH FELTON,
and LIEUTENANT ANTHONY RAWLS are hereby DISMISSED from this action.
Plaintiff’s claim against Unit Manager Dan Blakely and Officer Spencer Alston will go
forward.
SO ORDERED, this 23rd day of December, 2011.
SSH
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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