BROXTON v. MACON STATE PRISON et al
Filing
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ORDER adopting 4 Report and Recommendations. The claims against Lieutenant Nicholson and Macon State Prison are hereby DISMISSED without prejudice. Plaintiffs claim against Sergeant Breanna Ingram for deliberate indifference to safety remains pending. ; denying 5 Motion for Default Judgment. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 02/06/2024. (elp)
THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SHAKEEM ANTONIO BROXTON,
:
:
Plaintiff,
:
Civil Action
:
No. 5:23‐cv‐404 (CAR) (CHW)
v.
:
:
MACON STATE PRISON, et al.,
:
:
Defendants.
:
_____________________________________
ORDER ON RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Currently before the Court is the Order and Recommendation of the United States
Magistrate Judge [Doc. 4] recommending to (1) allow Plaintiff’s claim against Sergeant
Breanna Ingram for deliberate indifference to safety to proceed forward for further
factual development; and (2) dismiss without prejudice Plaintiff Broxton’s claims against
Lieutenant Nicholson and Macon State Prison. Plaintiff filed a Response to the Order and
Recommendation [Doc. 5] in which he preemptively moves for default judgment but does
not object to the Magistrate’s recommendations.
Construing Plaintiff’s Response as a Motion for Default Judgment [Doc. 5], it is
hereby DENIED as premature. Having considered the Recommendation, the Court
agrees with the findings and conclusions of the United States Magistrate Judge.
Accordingly, the Order and Recommendation [Doc. 4] is hereby ADOPTED and MADE
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THE ORDER OF THE COURT. The claims against Lieutenant Nicholson and Macon
State Prison are hereby DISMISSED without prejudice. Plaintiff’s claim against
Sergeant Breanna Ingram for deliberate indifference to safety remains pending.
SO ORDERED, this 6th day of February, 2024.
s/ C. Ashley Royal________________
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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