DAVIS v. UPTON et al
Filing
37
ORDER adopting 36 Report and Recommendations and granting 22 Motion to Dismiss. Plaintiffs claims against Defendant Powell are DISMISSED. Ordered by Judge C. Ashley Royal on 7/2/2013 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PATRICK DAVIS,
:
:
Plaintiff,
:
:
v.
:
:
No. 5:12‐CV‐294 (CAR)
WILLIAM POWELL, 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. 36] to grant Defendant Deputy Warden William Powell’s Motion to Dismiss [Doc.
22]. Therein, the Magistrate Judge found that Plaintiff Patrick Davis failed to exhaust
his administrative remedies regarding his supervisory liability claim against Defendant
Powell and that Plaintiff failed to state a supervisory liability claim against Defendant
Powell upon which relief may be granted. Plaintiff has not filed an Objection to the
Recommendation, and the time in which to do so has expired. Having considered this
matter, the Court agrees with the findings and conclusions of the United States
Magistrate Judge. The Recommendation of the United States Magistrate Judge [Doc. 36]
is therefore ADOPTED and MADE THE ORDER OF THE COURT; Defendant=s
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Motion to Dismiss [Doc. 22] is hereby GRANTED. Plaintiff’s claims against Defendant
Powell are DISMISSED.
SO ORDERED, this 2nd day of July, 2013.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
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