HOWARD v. BRADDY et al

Filing 16

ORDER ADOPTING 13 Report and Recommendations, DENYING 4 Motion to Dismiss, and DENYING 7 Motion to Remand. Following a preliminary screening pursuant to 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c)(1), it is clear the Plaintiff has failed to state a claim for relief against the State of Georgia, Department of Corrections, or GEO. Thus, the State of Georgia, the Department of Corrections, and GEO (to the extent it is a party) are DISMISSED from this action. As to the other Def endants, all claims are DISMISSED for frivolity or failure to state a claim except for the Eighth Amendment cruel and unusual punishment claims against Defendants Braddy, West, and Glenn, and the First Amendment retaliation claim against Defendant Glenn. Ordered by Judge Marc Thomas Treadwell on 9/30/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CECIL HOWARD a/k/a ALONZO
WHITEHEAD,
Plaintiff,
v.
OFFICER BRADDY, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-404 (MTT)

ORDER
Before the Court is the Order and Recommendation of Magistrate Judge Stephen
Hyles. (Doc. 13). The Magistrate Judge recommends the motion to dismiss by
Defendants Bates, Braddy, Dixon, and West be denied. The Magistrate Judge further
recommends the motion to remand by Defendants Georgia Department of Corrections
and the State of Georgia be denied. However, following a review pursuant to 28 U.S.C.
§ 1915A and 42 U.S.C. § 1997e(c)(1), the Magistrate Judge also recommends that all of
the Plaintiff’s claims be dismissed except for his Eighth Amendment cruel and unusual
punishment claim against Defendants Braddy, West, and Glenn, and his First
Amendment retaliation claim against Defendant Glenn.
The Department of Corrections and the State of Georgia object to the denial of
their motion to remand but only to the extent the claims against them are not dismissed
on other grounds. (Doc. 14). Neither the Plaintiff nor the other Defendants filed
objections to the Magistrate Judge’s Recommendation.

The Court has considered the objection and the Magistrate Judge’s
Recommendation. The Recommendation is ADOPTED and made the ORDER of this
Court. The State of Georgia and the Department of Corrections motion to remand (Doc.
7) is DENIED and the motion to dismiss (Doc. 4) by Defendants Bates, Braddy, Dixon,
and West is DENIED.
However, following a preliminary screening pursuant to 28 U.S.C. § 1915A and
42 U.S.C. § 1997e(c)(1), it is clear the Plaintiff has failed to state a claim for relief
against the State of Georgia, Department of Corrections, or GEO. Thus, the State of
Georgia, the Department of Corrections, and GEO (to the extent it is a party) are
DISMISSED from this action. As to the other Defendants, all claims are DISMISSED for
frivolity or failure to state a claim except for the Eighth Amendment cruel and unusual
punishment claims against Defendants Braddy, West, and Glenn, and the First
Amendment retaliation claim against Defendant Glenn.1
SO ORDERED, this 30th day of September, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

1

Subsequent to the Defendants’ motion to dismiss, the Plaintiff in his amended complaint
dismissed Defendants Dixon and Bates and added Defendant Glenn. (Doc. 8-1 at 2).

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