ROBINSON v. OWENS et al

Filing 71

ORDER ADOPTING 64 Report and Recommendations; GRANTING 24 Motion to Dismiss Complaint; GRANTING 38 Motion to Dismiss for Failure to State a Claim; and GRANTING 44 Motion to Dismiss for Failure to State a Claim. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 6/12/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JONATHAN ROBINSON,
Plaintiff,
v.
Commissioner BRIAN OWENS, et al.,
Defendants.

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CIVIL ACTION NO. 5:13-CV-292 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 64). The Magistrate Judge, having
reviewed the Defendants’ motions to dismiss (Docs. 24, 38, 44), recommends granting
the motions for the Plaintiff’s failure to state retaliation claims against Defendants Andre
Robinson and Ray Searcy because the Plaintiff has not alleged that these Defendants
initiated or authorized his transfers to other prisons nor has the Plaintiff sufficiently
alleged that these Defendants conspired to have the Plaintiff attacked by other inmates.
The Magistrate Judge also recommends granting the motions for the Plaintiff’s failure to
state a failure to protect claim against any of the Defendants because the Plaintiff does
not allege facts showing the Defendants had knowledge of a substantial risk of serious
harm.
The Plaintiff filed an objection to the Recommendation. 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
Plaintiff does not respond to the findings in the Recommendation but instead merely
rephrases his allegations in his objections. Thus, 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. The Defendants’
motions are GRANTED.

SO ORDERED, this the 12th day of June, 2014.

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

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