REDDING v. MCLAUGHLIN et al

Filing 34

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JAVORRIS RASHAD REDDING, Plaintiff, v. Warden GREGORY MCLAUGHLIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:17-CV-176(MTT) ORDER 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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