KERCH v. JOHNSON et al

Filing 44

ORDER ADOPTING 41 Report and Recommendations; GRANTING 24 Motion to Dismiss and DENYING 39 Motion for Preliminary Injunction. Plaintiff's claims are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/17/2018. (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
United States Magistrate Judge Charles H. Weigle recommends granting
Defendants Glen Johnson, Caleb McClairen, and Antwaun Redding’s Motion to Dismiss
(Doc. 24) because Plaintiff Phillip Nathan Kerch has failed to exhaust his administrative
remedies pursuant to the Prison Litigation Reform Act. Doc. 41 at 1. The Magistrate
Judge also recommends denying the Plaintiff’s Motion for Preliminary Injunction (Doc.
39). Id. The Plaintiff has objected to the Recommendation, and the Defendants have
filed a response. Docs. 42; 43.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s
objection and made a de novo determination of the portions of the Recommendation to
which the Plaintiff objects. The Court has reviewed the Recommendation and accepts
the findings, conclusions, and recommendations of the Magistrate Judge. The
Recommendation is ADOPTED and made the order of this Court. Accordingly, the
Defendants’ motion to dismiss (Doc. 24) is GRANTED, and the Plaintiff’s claims are

DISMISSED without prejudice. The Plaintiff’s Motion for Preliminary Injunction (Doc.
39) is DENIED.
SO ORDERED, this 17th day of July, 2018.

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

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