Smith v. Augusta State Medical Prison et al

Filing 46

ORDER overruling both parties objections; adopting 33 Report and Recommendations; denying 19 Motion to Dismiss with respect to Plaintiff's claim against both Defendants in their individual capacities. The Court dismisses Plaintiff's official capacity claims for compensatory damages against Defendants. Defendants are require to file an answer to Plaintiff's complaint within fourteen days. The stay of discovery is lifted, and the Clerk shall issue a Scheduling Notice setting deadlines in this case upon Defendants' answer. Signed by Judge J. Randal Hall on 09/10/2015. (thb)

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DISTzuCT
COIJRT
STATES
IN THE LN.IITED
OF
DISTRICT GEORGIA
FORTHE SOUTI-{ERN
AUGT]STA DIVISION

DUR,ANTEMARQUIS SMITH,
Plaintift,

cv 114-206
OFC,ERICA}IDREWS
H{GINS,
OFC.SYLVESTER
an<i
Defendants.

{JRDER

After a careful, de novo revier'vof the frle, the Corut concursrvith the Magistrate
havebeenfiled (ckrc.nos. i6.40,
to
Judge'sReportand Recommendaticn, x,hich objections
41,42,,43). Accordingly, the Court OVERRULES both parties' objectionsand ADOPT$
of
the Report and Recommendation the Magistrateludge as the opinion of the court. The
damagesagainst
capacityclaims for compensatory
Court DISMISSES Piaintil?s o1-ficial
and
Det'erldants, IIENIES Defendants'motion to dismisswith respectto Plaintiff s claint
are
againstbottr Defendantsin their individual capacities. Defendants requiredto file an
answer to Plaintiff s complaint u,ithirr fourteen days. See Fed. R. Civ. P. l2(d(aXe).
th€
Furthermore, stay of discoverycurrently in place is lifted (doc. no. 25), ruid the Clerk

shall issue a Scheduling Notice setting the deadlines in this case upon the lillttg of
ansrver.
Defendants'
' +/L
'day
2015,at Augrnta, Georgia.
of September,
SO ORDERED rhis10

ATES DISTRICT JUDGE
DISTRICT OF GEORGIA