FEDD v. ALMEDOM et al

Filing 48

ORDER ADOPTING 46 Report and Recommendations; GRANTING 14 Motion to Dismiss Complaint; DENYING as moot 25 Motion to Dismiss; GRANTING 33 Motion to Dismiss; DENYING as moot 40 Motion to Appoint Counsel; and DENYING as futile 41 Motion to Amend/Correct. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/12/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LEVI ARTHUR FEDD,
Plaintiff,
v.
Doctor ALMEDOM, et al.,
Defendants.

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CIVIL ACTION NO. 5:15-CV-104 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting the
Defendants’ motions to dismiss (Docs. 14; 33) because the Plaintiff failed to exhaust his
administrative remedies. 1 (Doc. 46). The Plaintiff has objected to the
Recommendation. (Doc. 47). Pursuant to 28 U.S.C. § 636(b)(1), the Court has
considered the Plaintiff’s objection and has made a de novo determination of the
portions of the Recommendation to which the Plaintiff objects. 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 are
GRANTED, and the Plaintiff’s claims are DISMISSED without prejudice.2

1

As noted by the Magistrate Judge, Defendant Sabrina Starling filed a separate motion to dismiss in
which she joined her Co-Defendants’ motion to dismiss. (Docs. 33-34). She also filed a notice of joining
the Co-Defendants’ motion. (Doc. 35). Accordingly, the Court interprets the Recommendation as
recommending the Court grant both motions to dismiss for failure to exhaust.

2

The Plaintiff has also moved to amend his complaint, to be appointed counsel, and to “dismiss stay
order.” (Docs. 25; 40; 41). In his motion to amend, the Plaintiff does not provide additional facts that
demonstrate he has exhausted his administrative remedies. Accordingly, the Plaintiff’s motion to amend
is DENIED as futile. The motion to appoint counsel is DENIED as moot. The Court construes the

SO ORDERED, this 12th day of February, 2016.

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

“motion to dismiss stay order” as a motion for reconsideration of the Magistrate Judge’s order granting the
Defendants’ motion to stay discovery (Doc. 23). This motion is also DENIED as moot.
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