ATKINSON v. THOMAS

Filing 9

ORDER ADOPTING 5 Report and Recommendations. The Fourth Amendment and Due Process Clause of the Fourteenth Amendment claims against Officer Thomas are DISMISSED without prejudice. The Plaintiff's claims against Officer Fowler, Warden McLaughl in, and Commissioner Owens and claims for injunctive relief are DISMISSED without prejudice. The Plaintiff's Eighth Amendment claim against Officer Thomas will go forward. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 9/22/2014. (tlh)

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

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CIVIL ACTION NO. 5:14-CV-294(MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles to
allow the Eighth Amendment claim against Officer Brandon Thomas to go forward, but
dismiss all other claims and parties without prejudice. (Doc. 5). Specifically, the
Magistrate Judge concluded that the Plaintiff alleged sufficient facts to state an Eighth
Amendment claim against Officer Thomas. However, the Plaintiff failed to state
sufficient facts for the claims against the following individuals: (1) a Fourth Amendment
claim and a Due Process Clause of the Fourteenth Amendment claim against Officer
Thomas; (2) a Fourth Amendment claim, Due Process claim, and Eighth Amendment
claim against Officer Carol Fowler; (3) an Eighth Amendment claim for inadequate
medical care against Warden McLaughlin; and (4) a claim against Commissioner Brian
Owens as a supervisory official. Finally, the Magistrate Judge recommends dismissing
the claims for injunctive relief because the Court is not authorized to grant the requested
relief under § 1983. The Plaintiff did not object to the Recommendation.

The Court has reviewed the Recommendation, and the Court accepts the
findings, conclusions, and recommendations of the Magistrate Judge. The
Recommendation is ADOPTED and made the Order of this Court. Accordingly, the
Fourth Amendment and Due Process Clause of the Fourteenth Amendment claims
against Officer Thomas are DISMISSED without prejudice. The Plaintiff’s claims
against Officer Fowler, Warden McLaughlin, and Commissioner Owens and claims for
injunctive relief are DISMISSED without prejudice. The Plaintiff’s Eighth Amendment
claim against Officer Thomas will go forward.
SO ORDERED, this 22nd day of September, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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