REDDING v. MCLAUGHLIN et al
ORDER ADOPTING 9 Report and Recommendations. Defendants McLaughlin, Bond, and Mango are DISMISSED without prejudice as defendants in this action. It is ORDERED that service be made on Defendant Clarence Johnson and that he file an Answer or such other response as may be appropriate under Rule 12, 28 U.S.C. § 1915, and the Prison Litigation Reform Act. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/8/2018. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
JAVORRIS RASHAD REDDING,
Warden GREGORY MCLAUGHLIN, et
CASE NO. 5:17-CV-176(MTT)
After screening the Plaintiff’s complaint, United States Magistrate Judge Thomas
Q. Langstaff ordered the Eighth Amendment claims against Defendants Blakely,
Jenkins, Burroughs, Moore, Pope, Sales, Mosley, Williams, and Grace go forward and
recommends dismissing Defendants McLaughlin, Bond, and Mango. Doc. 9. The
Plaintiff has not objected to the Recommendation. The Court has reviewed the
Recommendation, and the Court accepts and adopts the findings, conclusions, and
recommendations of the Magistrate Judge. The Recommendation (Doc. 9) is
ADOPTED and made the order of the Court. Accordingly, Defendants McLaughlin,
Bond, and Mango are DISMISSED without prejudice as defendants in this action.
Also, when the Plaintiff recast his complaint as ordered by the Magistrate Judge
(Doc. 5), he added “Clarence Johnson, Officer” as a Defendant. Doc. 6 at 1, 4. The
Plaintiff’s claims against Johnson should go forward for factual development for the
same reasons as the Magistrate Judge explained the claims against Defendant Moore
should proceed. See id. at 8 (describing Moore and Johnson as violating the Plaintiff’s
Eighth Amendment rights together); see Doc. 9 at 6 (the Magistrate Judge concluding
that, “[l]iberally construed and taken as true,” the Plaintiff’s allegations against Moore
are sufficient to withstand screening). Accordingly, it is ORDERED that service be
made on Defendant Clarence Johnson and that he file an Answer or such other
response as may be appropriate under Rule 12, 28 U.S.C. § 1915, and the Prison
Litigation Reform Act.
SO ORDERED, this 8th day of January, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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