DIAMOND et al v. ALLEN, et al

Filing 16

ORDER adopting 12 Report and Recommendations. Ordered by U.S. District Judge HUGH LAWSON on 11/17/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

ASHLEY ALTON DIAMOND,
Plaintiff,
v.

Civil Action No. 7:14-CV-124 (HL)

MARTY ALLEN, et al.,
Defendants.

ORDER
This case is before the Court on a Recommendation from United States
Magistrate Judge Thomas Q. Langstaff (Doc. 12). Judge Langstaff recommends
that Plaintiff be permitted to pursue his Eighth Amendment claims against
Warden Marty Allen and Director Dave McCracken. It is recommended that all
other claims and parties be dismissed.
Plaintiff filed no objections to the Recommendation. The Court reviewed
the Recommendation and finds no clear error in the Magistrate Judge’s decision.
Accordingly, the Court accepts and adopts the Recommendation. Petitioner may
move forward with his Eighth Amendment claims against Warden Marty Allen
and Director Dave McCracken. Petitioner’s remaining claims asserting violations
of equal protection, the Americans with Disabilities Acts (ADA) and the Prison

Rape Elimination Act of 2003 (PREA) and all other Defendants are dismissed
without prejudice.
SO ORDERED, this 17th day of November, 2014.

s/ Hugh Lawson______________
HUGH LAWSON, SENIOR JUDGE

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