KERSHAW v. WHITE et al

Filing 78

ORDER granting 51 Motion to Dismiss; denying as moot 53 Motion for Summary Judgment(); adopting 77 Report and Recommendations. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 11/26/2019. (hmc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LANCE KERSHAW,
Plaintiff,
v.
Sheriff BRAD WHITE, et al.,

Defendants.

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CIVIL ACTION NO. 5:18-CV-186 (MTT)

ORDER
United States Magistrate Judge Stephen Hyles recommends granting
Defendants Peter Wrobel, Nancy Roswell, and Southern Correction Medicine’s motion
to dismiss (Doc. 51) 1 and denying Plaintiff Lance Kershaw’s motion for access to the
law library (Doc. 64). Docs. 77. Kershaw has not objected to the Recommendation.
The Court has reviewed the Recommendation, and the Court accepts and adopts the
Magistrate Judge’s findings, conclusions, and recommendations. The
Recommendation (Doc. 77) is ADOPTED and made the order of this Court.
Accordingly, the Defendants’ motion to dismiss (Doc. 51) is GRANTED, and Kershaw’s
claims against the Defendants (Doc. 7) are DISMISSED without prejudice.
Additionally, Kershaw’s motion for access to the law library (Doc. 64) is DENIED.
SO ORDERED, this 26th day of November, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
1 Specifically, the Magistrate Judge recommends granting the Defendants’ motion for summary judgment
(Doc. 53) or, in the alternative, granting the Defendants’ motion to dismiss (Doc. 51). The Court adopts
the Recommendation on the motion to dismiss for failure to exhaust. Doc. 77 at 17−20. Accordingly, the
Defendants’ motion for summary judgment (Doc. 53) is DENIED as moot.

UNITED STATES DISTRICT COURT