MATTHEWS v. BUSH et al

Filing 27

ORDER dismissing as moot 26 MOTION for Leave to Proceed in forma pauperis filed by MARK WEYMAN MATTHEWS. Order re: 25 Amended Complaint filed by MARK WEYMAN MATTHEWS. Plaintiff's claims against Dr. Rogers shall go forward. Dr. Rogers is ordered to file an answer or other appropriate response under Rule 12 of the Federal Rules of Civil Procedure. Ordered by US Magistrate Judge STEPHEN HYLES on 11-14-14. (mpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARK WEYMAN MATTHEWS,
Plaintiff,
VS.
Dr. MICHAEL ROGERS,
Defendant.
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NO. 5:13-CV-0327-CAR-MSH

ORDER
Plaintiff Mark Weyman Matthews, a state prisoner currently confined at
Washington State Prison in Davisboro, Georgia, filed this pro se civil rights action under
42 U.S.C. § 1983. On August 29, 2014, the Court granted in part Defendants’ motion to
dismiss the complaint, but denied the motion as to the claims brought against Defendant
Dr. Rogers. (Order, Aug. 29, 2014, ECF No. 22). The Court further ordered Plaintiff to
recast his claims against Dr. Rogers and informed him that the recast complaint would
“replace his original Complaint and Amended Complaint.” (Id. at 2). Plaintiff was also
notified that the Recast Complaint would be subject to preliminary review under 28 U.S.C.
§ 1915A. (Id. at 2-3).
Having now conducted that review, the undersigned finds that the allegations in
Plaintiff’s Recast Complaint (EFC No. 25), when liberally construed in his favor, are
sufficient to allow his Eighth Amendment claims against Dr. Rogers to go forward. It is
thus ORDERED that Defendant Rogers file an Answer, or such other response as may be

appropriate under Rule 12 of the Federal Rules of Civil Procedure.
Plaintiff’s second Motion for Leave to Proceed in forma pauperis (ECF No. 26) is,
however, MOOT. Plaintiff has already been granted leave to proceed in this action
without prepayment of the filing fee. (Order, Sept. 30, 2014, ECF No. 5).
SO ORDERED, this 14th day of November, 2014.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE

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