MITCHELL v. PHELPS et al

Filing 20

ORDER ADOPTING 7 Report and Recommendations. The Plaintiff's First Amendment access-to-courts claims against Defendants Phelps, Arnold, and Johnson shall proceed for further factual development. The Plaintiff's Fourteenth Amendment due process claims are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/10/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MILTON MITCHELL,
Plaintiff,
v.

Captain PHELPS, et al.,
Defendants.

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CIVIL ACTION NO. 5:17-CV-417 (MTT)

ORDER
After screening Plaintiff Milton Mitchell’s complaint pursuant to 28 U.S.C. §
1915A, United States Magistrate Judge Thomas Q. Langstaff allowed the Plaintiff’s First
Amendment access-to-courts claims against Defendants Phelps, Arnold, and Johnson
to proceed for further factual development. Doc. 7 at 1. The Magistrate Judge
recommends that the Plaintiff’s Fourteenth Amendment due process claims be
dismissed without prejudice. Id. The Plaintiff has objected to the Recommendation.1
Doc. 12. 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 (Doc. 7) is ADOPTED and made the order of this Court.
Accordingly, the Plaintiff’s First Amendment access-to-courts claims against Defendants
Phelps, Arnold, and Johnson shall proceed for further factual development. The

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The Plaintiff’s “objection” is a one-page document that merely recites the relevant law provided in the
Recommendation. Doc. 12. The objection contains no substantive argument as to why the
recommendation to dismiss his Fourteenth Amendment claims was erroneous. Doc. 12.

Plaintiff’s Fourteenth Amendment due process claims are DISMISSED without
prejudice.
SO ORDERED, this 10th day of April, 2018.

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

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