MCIVER v. HUMPHREY et al

Filing 31

ORDER ADOPTING 24 Report and Recommendations and GRANTING 9 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Marc Thomas Treadwell on 1/31/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BENJAMIN MCIVER,
Plaintiff,
v.
CARL HUMPHREY, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-156 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle.
(Doc. 24). The Magistrate Judge recommends granting Defendant Humphrey’s Motion
to Dismiss (Doc. 9) because the Plaintiff’s claims against Humphrey are based solely on
a theory of vicarious liability and thus are not actionable pursuant to 42 U.S.C. § 1983.
The Plaintiff did not sufficiently allege a causal connection between Defendant
Humphrey’s actions or inactions and the alleged constitutional deprivation the Plaintiff
suffered at the hands of Defendant William Johns. The Plaintiff did not file an objection
to the Recommendation.
The Court has reviewed the Recommendation. The Recommendation is adopted
and made the Order of this Court. Defendant Humphrey’s Motion to Dismiss is
GRANTED.
SO ORDERED, this 31st day of January, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT