KERCH v. JOHNSON et al

Filing 28

ORDER ADOPTING 13 Report and Recommendations. The Plaintiff's Sixth Amendment claim and remaining First Amendment claim against Defendant McLaren are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/12/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PHILLIP NATHAN KERCH,
Plaintiff,
v.
Warden GLEN JOHNSON, et al.,

Defendants.

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CIVIL ACTION NO. 5:17-CV-186 (MTT)

ORDER
After screening the Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A, United
States Magistrate Judge Charles H. Weigle allowed the First Amendment retaliation
claim against Defendant McLaren and the Eighth Amendment claims against
Defendants Johnson, McLaren, and Redding to proceed. Doc. 13 at 1. The Magistrate
Judge recommends that the Plaintiff’s Sixth Amendment claim and remaining First
Amendment claim be dismissed without prejudice. Id. at 1-2.1 The Plaintiff has
objected to the Recommendation. Doc. 17. Pursuant to 28 U.S.C. § 636(b)(1), the
Court has reviewed de novo the portions of the Recommendation to which the Plaintiff
objects, and the Court accepts and adopts the findings, conclusions, and
recommendations of the Magistrate Judge. The Recommendation is ADOPTED and
made the order of this Court. Accordingly, the Plaintiff’s Sixth Amendment claim and

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The introduction of the Recommendation suggests that these claims should be dismissed with prejudice,
but the conclusion and the body of the Recommendation recommends that these claims be dismissed
without prejudice. Compare Doc. 13 at 1-2 (“with prejudice”), with id. at 9-10 (“without prejudice”).

remaining First Amendment claim against Defendant McLaren are DISMISSED without
prejudice.
SO ORDERED, this 12th day of October, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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