WALKER v. HARRIS et al
Filing
13
ORDER ADOPTING as amended 6 Report and Recommendations. Walker's excessive force claims against Defendants Deputy Michael Harris, Deputy Justin Andrews, Deputy Azucena Oritz, and Deputy Christopher Freema n and his failure to intervene claim against Defendant Sergeant Melanie Dupuis shall proceed for further factual development. Walker's remaining claims are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/8/2018. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DASMINE ALEXANDER WALKER,
Plaintiff,
v.
Deputy MICHAEL HARRIS, et al.,
Defendants.
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CIVIL ACTION NO. 5:17-CV-393 (MTT)
ORDER
Pursuant to 28 U.S.C. § 1915A(a) and § 1915(e), United States Magistrate Judge
Charles H. Weigle has conducted a screening of Plaintiff Dasmine Alexander Walker’s
complaint and recommends that Walker’s excessive force claims against all Defendants
should proceed for further factual development. Doc. 6 at 1, 7. However, the
Magistrate Judge recommends, to the extent Walker attempts to assert retaliation
claims or religious freedom claims under the Religious Land Use and Institutionalized
Persons Act, 42 U.S.C.A. § 2000cc, et seq., and the First Amendment, that those claims
be dismissed for failure to state a claim. Id. at 1, 8-10. Walker has not objected to the
Recommendation. The Court has reviewed the Recommendation and adopts the
findings, conclusions, and recommendations of the Magistrate Judge. The Court notes,
however, that Walker does not allege that Defendant Melanie Dupuis took part in the
excessive force. Doc. 1 at 7-9; see also Doc. 6 at 6, 7 n.1. Therefore, to the extent
Walker alleges an excessive force claim against Dupuis, that claim is DISMISSED
without prejudice. But as the Magistrate Judge points out, Walker appears to allege
that Dupuis witnessed the excessive force and failed to intervene. Docs. 1 at 8; 6 at 6,
7 n.1. Accordingly, that claim shall also proceed for further factual development.
Accordingly, the Recommendation is ADOPTED as amended and made the order of
this Court. Walker’s excessive force claims against Defendants Deputy Michael Harris,
Deputy Justin Andrews, Deputy Azucena Oritz, and Deputy Christopher Freeman and
his failure to intervene claim against Defendant Sergeant Melanie Dupuis shall proceed
for further factual development. Walker’s remaining claims are DISMISSED without
prejudice.
SO ORDERED, this 8th day of March, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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