DAUGHTRY v. DOE et al

Filing 8

ORDER ADOPTING 5 Report and Recommendations. Defendants Lieutenant Officer X and Officer X are DISMISSED as parties to this action, and the Plaintiff's request for injunctive relief is DISMISSED without prejudice. The Plaintiff's remaining claims shall go forward. Ordered by U.S. District Judge Marc Thomas Treadwell on 11/18/2103. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RICARDO DAUGHTREY,

)
)
Plaintiff,
)
)
v.
)
)
LT. OFFICER JOHN DOE, et al.,
)
)
Defendants.
)
________________________________)

CIVIL ACTION NO. 5:13-CV-383 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 5). After screening the complaint pursuant to
28 U.S.C. § 1915A, the Magistrate Judge recommends allowing the Plaintiff’s deliberate
indifference claims against Defendants Deputy Warden of Care and Treatment, Deputy
Warden of Security, and Mental Health Director at Baldwin State Prison to go forward.
However, the Magistrate Judge recommends dismissing Plaintiff’s deliberate
indifference claims against Defendants Lieutenant Officer X and Officer X because the
Plaintiff has not sufficiently identified these Defendants to effect service. The Magistrate
Judge also recommends dismissing the Plaintiff’s request for an injunction because that
claim became moot upon his transfer to another facility. The Plaintiff did not file an
objection to the Recommendation.
The Court has reviewed the Recommendation, and the Recommendation is
adopted and made the order of this Court. Accordingly, Defendants Lieutenant Officer

X and Officer X are DISMISSED as parties to this action, and the Plaintiff’s request for
injunctive relief is DISMISSED without prejudice. The Plaintiff’s remaining claims shall
go forward.
SO ORDERED, this the 18th day of November, 2013.

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

2