BOGGS v. Medical Department et al

Filing 17

ORDER ADOPTING 6 Report and Recommendations. Defendants Medical Department, Major Jackson, Lt. McArmurey, Deputy Williams, and Deputy Deney are DISMISSED as parties to this action. The Plaintiff's Eighth Amendment conditions of confinement claim is DISMISSED without prejudice. The Plaintiff's claims against the remaining Defendants shall go forward. Ordered by Judge Marc Thomas Treadwell on 2/5/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
HARRY LEE BOGGS, JR.,
Plaintiff,
v.
MEDICAL DEPARTMENT, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-472 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 6). The Magistrate Judge, having reviewed
the Complaint pursuant to 28 U.S.C. § 1915A, recommends dismissing Defendant
Medical Department because it is not an entity that can be sued under § 1983. The
Magistrate Judge also recommends dismissing Defendants Major Jackson, Lt.
McArmurey, Deputy Williams, and Deputy Deney because the Plaintiff’s Complaint does
not include allegations connecting these Defendants to the alleged constitutional
violations. To the extent the Plaintiff has attempted to allege an Eighth Amendment
conditions of confinement claim, the Magistrate Judge recommends dismissing this
claim because the Plaintiff has not attached any defendant to this claim. The Plaintiff
did not file an objection to the Recommendation.
The Court has reviewed the Recommendation, and 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. Defendants Medical
Department, Major Jackson, Lt. McArmurey, Deputy Williams, and Deputy Deney are
DISMISSED as parties to this action. The Plaintiff’s Eighth Amendment conditions of

confinement claim is DISMISSED without prejudice. The Plaintiff’s claims against the
remaining Defendants shall go forward.
SO ORDERED, this the 5th day of February, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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