ABANIFI v. OUBRE et al

Filing 19

ORDER ADOPTING 12 Report and Recommendations. Defendant Brian Owens is DISMISSED as a party to this action. The Plaintiff's due process and deprivation of personal property claims are DISMISSED without prejudice. The Plaintiff's claims against the remaining Defendants shall go forward. Ordered by Judge Marc Thomas Treadwell on 2/19/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EMEKA MICHAEL ABANIFI, JR.,
Plaintiff,
v.
Warden SHEILA OUBRE, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-421 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 12). The Magistrate Judge, having
reviewed the Complaint pursuant to 28 U.S.C. § 1915A, recommends dismissing
Defendant Brian Owens because the Plaintiff’s Complaint does not include allegations
connecting this Defendant to the alleged constitutional violations. The Magistrate Judge
also recommends dismissing the Plaintiff’s due process claim regarding his disciplinary
proceedings because he has failed to show what punishment he received as a result of
the proceedings. Finally, the Magistrate Judge recommends dismissing the Plaintiff’s
claim regarding the deprivation of his personal property because an adequate
postdeprivation remedy exists under state law.
The Plaintiff filed an objection to the Recommendation. (Doc. 16). Pursuant to
28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s objections and has made
a de novo determination of the portions of the Recommendation to which the Plaintiff
objects. The Court accepts and adopts the findings, conclusions and recommendations
of the Magistrate Judge, and the Recommendation is adopted and made the order of
this Court. Defendant Brian Owens is DISMISSED as a party to this action. The

Plaintiff’s due process and deprivation of personal property claims are DISMISSED
without prejudice. The Plaintiff’s claims against the remaining Defendants shall go
forward.
SO ORDERED, this the 19th day of February, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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