HOLLAND v. MACON STATE PRISON et al

Filing 35

ORDER ADOPTING 8 REPORT AND RECOMMENDATION. Plaintiff's medical deliberate indifference claims against Defendants McLaughlin, Howard, Charles and Mango and Plaintiff's retaliation claims against Defendants McLaughlin and Howard may proceed for factual development. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/31/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

CLYDE FRANKLIN HOLLAND,
Plaintiff,
v.

MACON STATE PRISON, et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:16-CV-539 (MTT)

ORDER
Pursuant to 28 U.S.C. § 1915A(a), United States Magistrate Judge Stephen
Hyles has performed a preliminary screening of Plaintiff Clyde Franklin Holland’s
complaint. Doc. 8. The Recommendation allows Plaintiff’s deliberate indifference for
medical needs claims against Defendants McLaughlin, Howard, Charles and Mango
and his retaliation claims against Defendants McLaughlin and Howard to proceed for
further factual development. Id. at 1. But the Magistrate Judge recommends that
Plaintiff’s remaining claims be dismissed without prejudice for failure to state a claim.
Id. Plaintiff has not objected to the Recommendation. However, long after the time for
objecting, Plaintiff has moved to amend his complaint in an apparent attempt to cure
some of the deficiencies noted in the Recommendation. Doc. 29. Plaintiff’s motion to
amend will be addressed by the Magistrate Judge.1

1

Plaintiff has filed the same motion to amend in a separate action pending in this Court. Holland v.
McLaughlin et al., No. 5:16-cv-331, Doc. 27 (M.D. Ga. 2016).

The Court has reviewed the Recommendation, and the Court ADOPTS the
findings, conclusions, and recommendations of the Magistrate Judge. Accordingly,
Plaintiff’s medical deliberate indifference claims against Defendants McLaughlin,
Howard, Charles and Mango and Plaintiff’s retaliation claims against Defendants
McLaughlin and Howard may proceed for factual development. The remainder of
Plaintiff’s claims is DISMISSED without prejudice for failure to state a claim upon
which relief may be granted.
SO ORDERED, this 31st day of October, 2017.

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

-2-