MITCHELL v. TAYLOR et al

Filing 16

ORDER ADOPTING 6 Report and Recommendations. The Plaintiff's Eighth Amendment failure to protect claims against Defendants Jordan and Spikes are allowed to proceed for further factual development. The Plaintiff's claims against Defendants Taylor and Farley are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/30/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRAVIS JONATHAN MITCHELL,

Plaintiff,
v.
Warden CEDRIC TAYLOR, et al.,

Defendants.

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CIVIL ACTION NO. 5:17-CV-211 (MTT)

ORDER
Pursuant to 28 U.S.C. § 1915A(a), United States Magistrate Judge Charles H.
Weigle has conducted a preliminary screening of Plaintiff Travis Jonathan Mitchell’s
complaint (Doc. 1). See generally Doc. 6. The Magistrate Judge recommends that the
Plaintiff’s Eighth Amendment failure to protect claims against Defendants Deputy
Warden of Security Jordan and Captain Spikes should proceed for further factual
development. Doc. 6 at 1-2, 8-9. The Magistrate Judge also recommends that the
Plaintiff’s Eighth Amendment failure to protect claims against Defendants Warden
Cedric Taylor and Lieutenant Farley be dismissed without prejudice for failure to state a
claim upon which relief may be granted. Id. There is no objection to the
Recommendation. The Court has reviewed the Recommendation, and the Court adopts
the findings, conclusions, and recommendations of the Magistrate Judge. Accordingly,
the Plaintiff’s Eighth Amendment failure to protect claims against Defendants Jordan
and Spikes are allowed to proceed for further factual development. Meanwhile, the

Plaintiff’s claims against Defendants Taylor and Farley are DISMISSED without
prejudice for failure to state a claim upon which relief may be granted.
SO ORDERED this 30th day of August, 2017.

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

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