Merilien v. Hart et al

Filing 47

ORDER granting 35 Motion to Dismiss Complaint; denying 42 Motion to Amend/Correct; adopting Report and Recommendations re 44 Report and Recommendations. Ordered by Judge Hugh Lawson on 8/31/2010. (nbp)

Merilien v. Hart et al

Doc. 47

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S T A DIVISION J E A N JOCELYN MERILIEN, P l a i n t if f, v. W a r d e n DARRELL HART, et al., D e fe n d a n ts . _______________________________ : : : : : : : : : :

C iv il Action No. 7 :0 8 -C V -1 4 9 (HL)

ORDER B e fo re the Court is the Recommendation (Doc. 44) entered on August 8, 2010 of U n ite d States Magistrate Judge Thomas Q. Langstaff, in which the Magistrate Judge re c o m m e n d s that Defendants' Motion to Dismiss (Doc. 35) be granted and Plaintiff's motion to again amend his complaint (Doc. 42) be dismissed. Plaintiff has filed an objection (Doc. 4 5 ). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Plaintiff's o b je c tio n s and has made a de novo determination of the portions of the Recommendation to w h ic h he objects. A fter careful consideration, the Court accepts and adopts the findings, conclusions, a n d recommendations of the Magistrate Judge. The Court adds that Plaintiff's letter to D e fen da n t Hart alerting him to prison gang activity is insufficient to place Defendant Hart on n o tic e that inmate Sims Clendon might attack Plaintiff. Plaintiff has not alleged that inmate S im s Clendon is a member of a prison gang. Accordingly, the Defendants' motion to dismiss is granted and Plaintiff's motion to a m e nd his complaint is denied. S O ORDERED, this the 31st day of August, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE lm c

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