OWENS v. GEORGIA DIAGNOSTIC AND CLASSIFICATION PRISON et al

Filing 108

ORDER ADOPTING 90 Report and Recommendations and GRANTING 61 Motion to Dismiss Complaint. The Plaintiff's claims against Cochran and Fowlkes are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/30/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JACKIE DEWAYNE OWENS,
Plaintiff,
v.
BRUCE CHATMAN, et al.,

Defendants.

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CIVIL ACTION NO. 5:13-CV-299 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles.
(Doc. 90). The Magistrate Judge recommends granting the motion to dismiss filed by
Defendants Fowlkes and Cochran because Plaintiff Owens failed to exhaust his
administrative remedies. (Doc. 61). Instead of objecting, Owens appealed the
Recommendation. (Doc. 100). The Eleventh Circuit dismissed the appeal for lack of
jurisdiction. (Doc. 107). Because his appeal demonstrates that Owens objects to the
Magistrate Judge’s conclusion that the claims against Fowlkes and Cochran should be
dismissed, the Court has reviewed the Recommendation de novo.
The Court accepts and adopts the findings, conclusions, and recommendations
of the Magistrate Judge. The Recommendation is ADOPTED and made the order of
this Court. Accordingly, the Plaintiff’s claims against Cochran and Fowlkes are
DISMISSED without prejudice.
SO ORDERED, this 30th day of March, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT