SMITH v. BARROW
ORDER ADOPTING 5 Report and Recommendations. Plaintiff's Eighth Amendment claim is dismissed, and Defendants Deputy Warden Mickens and Shevondah Fields are dismissed from this action. Ordered by Judge Marc Thomas Treadwell on 6/27/2013. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
DENNIS ERIC SMITH,
WARDEN DONALD BARROW, et al.,
CIVIL ACTION NO. 5:13-CV-179 (MTT)
Before the Court is Magistrate Judge Stephen Hyles’s Order and
Recommendation (Doc. 5) on the Plaintiff’s complaint and motion to proceed in forma
pauperis (Docs. 1 and 2). After granting the Plaintiff’s IFP motion, the Magistrate Judge
conducted a frivolity review of the Plaintiff’s complaint pursuant to § 1915A. The
Magistrate Judge recommends that the Plaintiff’s Eighth Amendment claims and two
Defendants be dismissed. (Doc. 5).
The Plaintiff did not object to the Recommendation. The Court has thoroughly
reviewed the Plaintiff’s complaint and the Recommendation and the Recommendation is
adopted and made an order of this Court. Accordingly, the Plaintiff’s Eighth
Amendment claim is dismissed, and Defendants Deputy Warden Mickens and
Shevondah Fields are dismissed from this action.1
SO ORDERED, this 27th day of June, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
The Magistrate Judge ordered service on the remaining Defendant, Warden Donald Barrow, because he
permitted the Plaintiff’s equal protection claim against Barrow to proceed. (Doc. 5 at 5).
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