Griggs v. Davis et al

Filing 113

ORDER granting 109 Motion to Dismiss. Plaintiffs' claims for declaratory and injunctive relief against Defendants Holt and Philbin styled as "Count III" in Plaintiffs' amended complaint (Doc. 7) are dismissed without prejudice. The Clerk is directed to terminate Defendant Ahmed Holt and Defendant Edward Philbin from this case. Signed by Chief Judge J. Randal Hall on 03/06/2019. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

EUGENE GRIGGS; and CAMERON
MADDOX,

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Plaintiffs,

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V.

CV 117-089

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AHMED HOLT,

in his official

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capacity as Assistant Regional
Director, Georgia Department of

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Corrections; EDWARD PHILBIN, in *
his official capacity as Warden, *

Augusta State Medical Prison;

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VERNEAL EVANS, Former
Correctional Officer, Augusta
State Medical Prison, in his
individual capacity; JANSON
CREAGER and TREI BLUITT,
Correctional Officers, Augusta
State Medical Prison, in their

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official capacity,

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Defendants.

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ORDER

Before

the

Court

voluntarily dismissal.

is

Plaintiffs'

(Doc.

109. )

motion

for

partial

Plaintiffs seek to dismiss

only their claims for declaratory and injunctive relief against
Defendants Ahmed Holt and Edward Philbin,

claims to proceed.

but allow their damages

In support. Plaintiffs contend the prospective

relief claims are moot because

Plaintiff Griggs was

out of Augusta State Medical Prison

C'ASMP")

transferred

and is now released

from prison on parole and Plaintiff Maddox was transferred out of
ASM? for reasons unrelated to this lawsuit.

While Plaintiffs'

motion was not filed as a stipulation or joint motion. Defendants

have subsequently consented to the dismissal of the prospective
claims.

(Doc. 110.)

Upon

due

consideration.

Plaintiffs'

motion

voluntarily dismissal (Doc. 109) is GRANTED.

for

partial

Plaintiffs' claims

for declaratory and injunctive relief against Defendants Holt and

Philbin styled as ''Count III" in Plaintiffs' amended complaint
(Doc. 7) are DISMISSED WITHOUT PREJUDICE.

The Clerk is directed

to TERMINATE Defendant Ahmed Holt and Defendant Edward Philbin
from this case.

ORDER ENTERED at Augusta, Georgia, this

day of March,

2019.

J.

HALL

CHIEF JUDGE

UNITEDySTATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA