HOLLAND v. MOORE et al

Filing 17

ORDER ADOPTING 8 Report and Recommendations. The claim against the Georgia Department of Corrections is DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/23/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LARANZO EUGENE HOLLAND
Plaintiff,
v.
Officer MOORE, et. al.,
Defendants.

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CIVIL ACTION NO. 5:16-CV-88 (MTT)

ORDER
Magistrate Judge Charles H. Weigle conducted the preliminary screening of
Plaintiff Laranzo Eugene Holland’s complaint required by 28 U.S.C. § 1915A and
permitted the claims against Defendants Moore, Andrews, Jenkins, Anderson, and
Dennis to proceed. (Doc. 8 at 4). He recommends dismissing the claim against the
Georgia Department of Corrections because Holland has not made any specific factual
allegations against it and because it is a state entity entitled to Eleventh Amendment
immunity. (Doc. 8 at 5).
Holland has objected to the dismissal of the Georgia Department of Corrections.
(Doc. 11). He contends that the Georgia Department of Corrections is at fault for hiring
the other Defendants, who are all corrections officers at Baldwin State Prison. (Docs. 1
at 5; 11). However, as the Magistrate Judge noted, the Georgia Department of
Corrections is a state entity entitled to Eleventh Amendment immunity. (Doc. 8 at 5).
This claim is DISMISSED without prejudice.

Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered Holland’s objection
and has made a de novo determination of the portions of the Recommendation to which
he objects. The Court has reviewed the Recommendation, and the Recommendation is
ADOPTED and made the order of this Court. The claim against the Georgia
Department of Corrections is DISMISSED without prejudice.
SO ORDERED this 23rd day of May, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT 

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