Bonner v. Smyre, et al

Filing 48

ORDER adopting the Magistrate Judge's 41 Report and Recommendation as the opinion of the Court; and, denying Plaintiff's [37-1, 37-2] Motion for Injunctive Relief. Signed by Judge J. Randal Hall on 09/14/2015. (jah)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

BRANDON BONNER,
Plaintiff,
CV 114-203

ANTWAN SMYRE, Sergeant, Augusta
State Medical Prison, and
OFFICER ZISHLER, Augusta State
Medical Prison,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed. Although a
second Defendant has been added since the Magistrate Judge filed his Report and
Recommendation, the claim raised against Defendant Zishler relates to an allegation of use

of excessive force at Augusta State Medical Prison on November 18, 2013. Thus, the

Magistrate Judge's analysis that Plaintiff has not shown a likelihood of success on the merits
of his request for injunctive relief concerning circumstances at his current place of
incarceration, Valdosta State Prison, still applies. Likewise, although there are now two

Defendants in the case, neither has control over Plaintiffs treatment at his current prison.

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
as its opinion and DENIES Plaintiffs motion for injunctive relief. (Doc. nos. 37-1, 37-2.)

SO ORDERED this if^foay of September, 2015, at Augusta, Georgia.

*LE J. RANDAL HALL
\

STATES DISTRICT JUDGE
iRN DISTRICT OF GEORGIA