MAJOR v. TOOLE et al

Filing 62

ORDER ADOPTING 18 Report and Recommendations. The claims against Doe Defendants, the denial of medical treatment claims; the claims regarding grievances; the claims regarding destruction or seizure of personal property; the access to courts claims; the religious freedom claims; and the supervisory liability claims are DISMISSED without prejudice. The sexual assault and retaliation claims against Defendant Johnson, the excessive force claims against Defen dants Davis and Shoemaker, and the Tier III classification claims are allowed to proceed for further factual development. The failure to intervene claims against Defendants Deloach and Smith are REMANDED to the Magistrate Judge to consider the additional facts alleged and their effect on those claims. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 11/29/2016 (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TROY MAJOR,
Plaintiff,
v.
ROBERT TOOLE, et al.,

Defendants.

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CIVIL ACTION NO. 5:15-CV-483 (MTT)

ORDER
After screening Plaintiff Troy Major’s complaint pursuant to 28 U.S.C. § 1915A,
United States Magistrate Judge Stephen Hyles recommended the sexual assault and
retaliation claims against Defendant Johnson, the excessive force claims against
Defendants Davis and Shoemaker, and the Tier III classification claims be allowed to
proceed for further factual development. Doc. 18. Judge Hyles further recommended
Major’s claims against Doe Defendants; his failure to intervene claims against
Defendants Deloach and Smith; his denial of medical treatment claims; his claims
regarding grievances; his claims regarding destruction or seizure of personal property;
his access to courts claims; his religious freedom claims; and his supervisory liability
claims be dismissed without prejudice. Major objected to the Recommendation (Doc.
55), and the Court has conducted a de novo determination of the portions of the
Recommendation to which he objects. In his Objection, Major attempts to allege
additional facts in support of his failure to intervene claims against Defendants Deloach
and Smith. The Court remands the failure to intervene claims to the Magistrate Judge

to consider whether Major should be allowed to amend his complaint to allege these
facts and, if so, whether the failure to intervene claims should proceed. To the extent
Major’s Objection attempts to allege new facts bearing on other claims, this attempt is
futile because, even considering the additional facts, those claims lack legal merit.
Excluding the recommendation on the failure to intervene claims, the Court
accepts and adopts the findings, conclusions, and recommendations of the Magistrate
Judge. The Recommendation is ADOPTED and made the order of the Court.
Accordingly, the claims against Doe Defendants, the denial of medical treatment claims;
the claims regarding grievances; the claims regarding destruction or seizure of personal
property; the access to courts claims; the religious freedom claims; and the supervisory
liability claims are DISMISSED without prejudice. The sexual assault and retaliation
claims against Defendant Johnson, the excessive force claims against Defendants
Davis and Shoemaker, and the Tier III classification claims are allowed to proceed for
further factual development. The failure to intervene claims against Defendants
Deloach and Smith are REMANDED to the Magistrate Judge to consider the additional
facts alleged and their effect on those claims.
SO ORDERED, this 29th day of November, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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