Ross v. Valdosta State Prison et al

Filing 40

ORDER denying 27 Motion for TRO; granting 28 Motion to Dismiss; adopting Report and Recommendations re 35 Report and Recommendations; granting 13 Motion to Dismiss Complaint. Ordered by Judge Hugh Lawson on September 5, 2012. (mbh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
CAREY L. ROSS,
Plaintiff,
Civil Action No. 7:11-CV-94 (HL)
v.
MICHAEL O’BRIEN, TYLER WESTLAKE,
CALVIN ORR, TED PHILBIN, and
WILLIAM DANFORTH1,
Defendants.
ORDER
This case is before the Court on a Recommendation from United States
Magistrate Judge Thomas Q. Langstaff (Doc. 35). He recommends that Plaintiff’s
Motion for Temporary Restraining Order (Doc. 27) be denied, and that the
Defendants’ Motions to Dismiss (Docs. 13, 28) be granted.
Plaintiff has not objected to the Recommendation to deny the Motion for
Temporary Restraining Order. The Court has reviewed that portion of the
Recommendation for clear error and finds none. Thus, the Recommendation to
deny the Motion for Temporary Restraining Order is accepted and adopted.
Plaintiff has filed objections to the Recommendation to grant the Motions to
Dismiss. The Court has made a de novo review of the Recommendation. Upon
review, the Court accepts and adopts the Recommendation as to the Motions to

1

The Clerk of Court is directed to update the docket to reflect the proper names of the
Defendants.

Dismiss. Plaintiff’s objections are overruled. Defendants’ Motions to Dismiss
(Docs. 13, 28) are granted.

SO ORDERED, this the 5th day of September, 2012.

/s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh