GLASS v. GEORGIA DEPARTMENT OF CORRECTIONS et al

Filing 41

ORDER ADOPTING 40 Report and Recommendations; GRANTING 30 Motion to Dismiss; and GRANTING 34 Motion to Dismiss Complaint. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 6/25/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LAVARUS GLASS,
Plaintiff,
v.
CYNTHIA NELSON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:13-CV-380 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle
on the Defendants’ motions to dismiss. (Doc. 40). The Magistrate Judge recommends
dismissing all but one of the Plaintiff’s claims for failure to exhaust administrative
remedies. He further recommends that the remaining claim, an allegation of sexual
assault by Officer Jonathan Felton, be dismissed for failure to state a claim for an Eighth
Amendment violation. The Plaintiff has not objected to the Recommendation.
The Court has reviewed the Recommendation, and 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
Defendants’ motions to dismiss (Docs. 30; 34) are GRANTED and the complaint is
DISMISSED without prejudice.
SO ORDERED, this 25th day of June, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT