PORTER v. HAMILTON et al
Filing
78
ORDER adopting 70 Report and Recommendations. Defendant Shepeard's Motions to Dismiss 54 and 64 are DENIED. The Court GRANTS Defendants Fowlkes, Prebus, and Eugene's Motions for Extension of Time[ 72], 73 , 75 and EXTENDS the discovery deadline until May 28, 2024, and the dispositive motion deadline until June 27, 2024. Finally, the Clerk of Court is DIRECTED to change the docket to reflect the correct spelling of Defendant Fowlkes' name. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 3/27/24 (sst)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
STEVIE PORTER,
Plaintiff,
v.
:
:
:
:
:
No. 5:22‐CV‐61‐CAR‐CHW
:
:
Dep. Warden DONAVON
:
HAMILTON, et. al.,
:
:
Defendants.
:
___________________________________ :
ORDER ON RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE AND MOTIONS FOR EXTENSION OF TIME
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.
70] that the Court deny Defendant Dr. Sharnn Shepeard’s Motions to Dismiss [Docs. 54,
64] and provide Defendant with an additional discovery period of 60 days, with
dispositive motions to be due 30 days after the expiration of the discovery period.
Defendants Drs. Joseph Fowlkes,1 Sol Prebus, and Shirley Eugene also move to extend
the discovery period [Docs. 72, 73, 75].
1 The docket refers to Defendant Joseph Fowlkes as Dr. “Fowles.” But Defendant states his name is
misspelled in Plaintiff’s filings. [Doc. 75 at 1 n.1]. Accordingly, the Clerk is DIRECTED to change the
docket to reflect the correct spelling of Defendant Fowlkes’ name.
1
Defendant Shepeard has filed an Objection to the Recommendation, essentially
restating his arguments for dismissing Plaintiff Stevie Porter’s Complaint. Defendant
argues (1) Plaintiff fails to sufficiently allege conduct that could rise to the level of
deliberate indifference, and (2) Plaintiff failed to exhaust his administrative remedies. The
Court agrees with the Magistrate Judge’s recommendation that Defendant’s Motions to
Dismiss be denied because Plaintiff’s allegations are sufficient to state a claim for which
relief can be granted and Plaintiff did fully exhaust his available administrative remedies.
The Magistrate Judge further recommends providing Defendant Shepeard with
additional time for discovery and to file dispositive motions. Defendant Fowlkes, Prebus,
and Eugene also move for additional time to complete discovery. Given the pending
Motions, and the fact that all parties would benefit from additional discovery, the Court
finds good cause exists to extend the discovery and dispositive motions deadlines.
This Court has made a de novo determination of the portions of the
Recommendation to which Petitioner objects. Having done so, the Court finds the
Objection to be without merit. Accordingly, the Magistrate Judge’s Recommendation
[Doc. 70] is HEREBY ADOPTED AND MADE THE ORDER OF THE COURT.
Defendant Shepeard’s Motions to Dismiss [Doc. 54, 64] are DENIED. The Court
GRANTS Defendants Fowlkes, Prebus, and Eugene’s Motions for Extension of Time
[Docs. 72, 73, 75] and EXTENDS the discovery deadline until May 28, 2024, and the
2
dispositive motion deadline until June 27, 2024. Finally, the Clerk of Court is DIRECTED
to change the docket to reflect the correct spelling of Defendant Fowlkes’ name.
SO ORDERED, this 27th day of March, 2024.
S/ C. Ashley Royal_________________
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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