Coffey v. State of Georgia
Filing
61
ORDER adopting 35 Report and Recommendations; denying 26 Motion for Preliminary Injunction; denying 7 Motion for Preliminary Injunction. Defendants John and or Jane Doe in the Cherokee County Sheriffs Department and the Georgia Department of Corrections Mailroom Staff are DISMISSED without prejudice. Defendants Cathy Dendi, Cherokee County Sheriffs Department, and Mailroom Staff are hereby DISMISSED. Plaintiffs claims against Defendants Daniels, Moss, and Humphrey may proceed. Ordered by Judge C. Ashley Royal on 3/28/13 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL RAY COFFEY, a.k.a.
RANDALL CHARLES SANDERS
(GDC ID: 1000090655),
:
:
:
:
Plaintiff,
:
:
v.
:
:
No. 5:12‐CV‐384 (CAR)
STEPHANIE DANIELS, et al.,
:
:
Defendants.
:
___________________________________ :
ORDER ON THE UNITED STATES MAGISTRATE JUDGE’S
ORDER AND RECOMMENDATION
Before the Court is the Order and Recommendation of the United States
Magistrate Judge [Doc. 35] to dismiss all Defendants except Defendants Daniels, Moss,
and Humphrey from Plaintiff Michael Ray Coffey’s pro se action [Doc. 4] pursuant to
28 U.S.C. § 1915A(b)(1), and to deny Plaintiff’s Motions for Emergency Preliminary
Injunctions [Docs. 7 & 26]. Plaintiff has filed an Objection to the Recommendation.
Therein, Plaintiff makes three objections to the Magistrate Judge’s conclusions
to continue the use of Plaintiff’s alias in the caption, dismiss Defendant Mailroom
Staff, and deny his motions for an attorney.1 In his Objection, Plaintiff simply restates
the arguments already advanced before the Magistrate Judge, of which the Court finds
The third objection is in regards to the Magistrate Judge’s Order [Doc. 36] denying Plaintiff’s multiple
motions to appoint counsel.
1
1
to be sufficiently addressed in the Recommendation.2 Importantly, the dismissal of
Defendant “Mailroom Staff John and or Jane Does” is without prejudice and thus,
Plaintiff is not precluded from adding a named defendant in the future. 3 Further, as
discussed by the Magistrate Judge, “Mailroom Staff” is not an entity subject to suit
under § 1983. To the extent Plaintiff objects to the Magistrate’s Order denying his
requests to appoint counsel, the Court concludes that these findings are not “clearly
erroneous” or “contrary to law.”4
Upon de novo review of the Recommendation, the record, and the Objection,
this Court agrees with the findings and conclusions of the United States Magistrate
Judge. The Order and Recommendation [Doc. 35] is therefore ADOPTED and MADE
THE ORDER OF THE COURT. Defendants John and or Jane Doe in the Cherokee
County Sheriff’s Department and the Georgia Department of Corrections Mailroom
Staff are DISMISSED without prejudice. Defendants Cathy Dendi, Cherokee County
Sheriff’s Department, and Mailroom Staff are hereby DISMISSED. Plaintiff’s claims
See Marsden v. Moore, 847 F.2d 1536, 1548 (11th Cir. 1988) (“Parties filing objections to a magistrate’s
report and recommendation must specifically identify those findings objected to. Frivolous, conclusive,
or general objections need not be considered by the district court.”).
3 “In the event Plaintiff learns additional identifying information, he may file a motion for leave to add
these individuals as named defendants.” [Doc. 35].
4 See 28 U.S.C. § 636(b)(1) (pretrial orders are reviewed under the “clearly erroneous and contrary to law
standard” and are not subject to a de novo determination as are a magistrate’s proposed findings and
recommendations); see Calderon v. Waco Lighthouse for the Blind, 630 F.2d 352, 345‐55 (5th Cir. 1980). See
Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the
decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.
2
2
against Defendants Daniels, Moss, and Humphrey may proceed. Additionally,
Plaintiff’s Motions for Preliminary Injunctions [Docs. 7 & 26] are DENIED.
SO ORDERED, this 28th day of March, 2013.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?