REDDING v. STATE OF GEORGIA et al
Filing
139
ORDER adopting 133 Report and Recommendations; granting 72 Motion to Dismiss; denying as moot: 77 , 82 , 83 , 88 , 89 , 90 , 91 , 92 , 93 , 94 , 96 , 97 , 105 , 107 , 109 , 111 , 112 , 113 , 115 , 119 , 121 , 122 , 123 , 125 , 126 , 129 , 130 , 131 , 132 , 134 , 135 , 136 , 137 , and, 138 Motions. This action is Dismissed in its entirety. Ordered by Judge C. Ashley Royal on 6/14/2013 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WAYNE REDDING,
:
:
Plaintiff,
:
:
v.
:
:
No. 5:12‐CV‐174 (CAR)
THE STATE OF GEORGIA, et al.,
:
:
Defendants.
:
___________________________________ :
ORDER ON THE RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Before the Court is the Recommendation of the United States Magistrate Judge
[Doc. 133] to grant Defendants’ Motion to Dismiss the Recast Complaint [Doc. 72] due
to Plaintiff Wayne Redding’s failure to exhaust administrative remedies for all but one
of his claims and his failure to state a claim upon which relief may be granted with
respect to his properly exhausted claim. The Magistrate Judge also recommends that
Plaintiff’s twenty‐nine pending Motions be denied as moot. Since the
Recommendation was filed on May 24, 2013, Plaintiff has filed five separate motions,
only one of which, when liberally construed, resembles an Objection [Docs. 137].1 The
Court thus construes Plaintiff’s Motion to Show Cause [Doc. 137] as an Objection.
Plaintiff’s other four motions are: (1) Motion for Assistance of Counsel [Doc. 134]; (2) “Motion of
Showing Antisocial Behaviors” [Doc. 135]; Motion to Show Cause [Doc. 136]; and Motion to Show Cause
[Doc. 138]. Having reviewed these Motions, the Court finds that none of these filings could be liberally
construed as an Objection.
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Having considered Plaintiff’s Objection and upon review of the Recommendation and
consideration of the matter, the Court agrees with the findings and conclusions of the
United States Magistrate Judge.
In the relevant portions of his Objection,2 Plaintiff simply restates conclusory
allegations about the adequacy of the grievance procedure. As fully explained by the
Magistrate Judge, Plaintiff’s allegations are vague and unsubstantiated and cannot
excuse Plaintiff’s failure to exhaust his administrative remedies.3 The Court cannot
accept Plaintiff’s conclusory allegations in lieu of specific factual allegations as to why
and how the grievance procedure was unavailable to Plaintiff.4 Accordingly, the
Court finds Plaintiff’s Objection to be meritless.
Based on the foregoing, the Court agrees with the findings and conclusions of
the United States Magistrate Judge, and the Recommendation [Doc. 133] is therefore
ADOPTED and MADE THE ORDER OF THE COURT. Defendants’ Motion to
Dismiss [Doc. 72] is GRANTED and Plaintiff’s pending Motions, including those filed
after the Recommendation, [Docs. 77, 82, 83, 88, 89, 90, 91, 92, 93, 94, 96, 97, 105, 107,
109, 111, 112, 113, 115, 119, 121, 122, 123, 125, 126, 129, 130, 131, 132, 134, 135, 136, 137,
In his Motion, Plaintiff also reargues the merits of his claims. However, as Plaintiff only addressed
those claims that the Magistrate Judge determined to not be properly exhausted, it is unnecessary to
address these other arguments.
3 See Goebert v. Lee Cnty., 510 F.3d 1312, 1322 (11th Cir. 2007) (holding that an administrative remedy is not
available if it is unknown and unknowable to the inmate).
4 The Court notes that Plaintiff’s allegations are contrary to the twenty‐two grievances Plaintiff filed from
May 14, 2010, until May 14, 2010, two of which he completed the grievance procedure. See [Doc. 72‐2].
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& 138] are DENIED as MOOT. The instant action is hereby DISMISSED in its
entirety.
SO ORDERED, this 14th day of June, 2013.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
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