SMITH v. DEAL et al

Filing 19

ORDER ADOPTING 14 Report and Recommendations. The Plaintiff's claims against Defendants Farley and Governor Deal are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/6/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
H.T. SMITH,
Plaintiff,
v.
Governor NATHAN DEAL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:17-CV-425 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle has screened the Plaintiff’s
operative complaint (Doc. 13) in this Section 1983 case pursuant to the Prison Litigation
Reform Act. Doc. 14. The Magistrate Judge ordered the Plaintiff’s excessive force
claims against “Defendant Corrections Officer Smith” to proceed for factual
development and for Defendant Smith to be served. Id. at 1-2.1 The Magistrate Judge
recommends dismissing without prejudice the Plaintiff’s claims against Defendants
Kenneth Farley and Governor Nathan Deal for failure to state a claim upon which relief
may be granted. Id. at 2, 4-5.2 The Plaintiff has not objected to the recommendation.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the Recommendation,
and the Court accepts and adopts the findings, conclusions, and recommendations of

1

The process receipt was returned unexecuted with the following note written on it: “package returned by
jail—more info needed.” Doc. 17 at 1. On April 3, 2018, the Magistrate Judge ordered the Plaintiff to
remedy the service defect by providing the Court with additional information with which to identify
Defendant Smith. Doc. 18.
2

The Magistrate Judge also noted that the Plaintiff was ordered to recast his complaint and was informed
that the recast complaint would supersede and replace his earlier complaints. Doc. 14 at 2 n.2.
Accordingly, when the Plaintiff did not identify individuals as defendants whom he had previously
identified as defendants, the Magistrate Judge directed the Clerk of Court to terminate those previous
defendants from the case. Id.

the Magistrate Judge. The Recommendation (Doc. 14) is ADOPTED and made the
order of this Court. Accordingly, the Plaintiff’s claims against Defendants Farley and
Governor Deal are DISMISSED without prejudice.
SO ORDERED, this 6th day of April, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

-2-