Watkins v. Haynes et al

Filing 13

ORDER ADOPTING 9 Report and Recommendations. Defendants in their official capacities are dismissed. Signed by Chief Judge Lisa G. Wood on 5/2/2012. (ca)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION ERIC WATKINS, Plaintiff, V. CIVIL ACTION NO.: CV212-050 ANTHONY HAYNES; REGIONAL DIRECTOR OF THE BUREAU OF PRISONS; ROBUTA M. TRUMAN; and HARRELL WATTS, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that the Magistrate Judge failed to report that he asserted that Defendants violated his right to be treated fairly and to not be discriminated against. However, Plaintiffs assertion is incorrect, as the Magistrate Judge ordered service of Plaintiffs Complaint upon Defendants based on Plaintiffs equal protection claims, (Doc. No. 9, pp. 3-4). Plaintiff also asserts that his official capacities claims against Defendants should not be dismissed because such claims can be brought against the Government or its agencies. To the extent Plaintiff seeks to hold the Bureau of Prisons and the United States of America liable for any alleged constitutional violations of its employees AO 72A (Rev, 8/82) pursuant to Bivens,.he cannot do so. See FDIC v. Mever, 510 U.S. 471, 485-86(1994) (stating the proper defendants in .a Bivens claim are the federal officers who allegedly violated the plaintiffs constitutional rights, not the federal agency which employs the Officers). Plaintiff can not sustain a cause of action against the named Defendants in their official capacities for monetary damages. Plaintiff's assertion to the contrary is incorrect. Plaintiffs Objections. are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion 01 the Court. Plaintiffs claims against Defendants in their official capacities are DISMISSED. Plaintiff is reminded that he is to inform the Court of the name of the Regional Director so that he or she can be served with his Complaint. SO ORDERED, this'l'day of 2012. SA GOD OD, CHIEF J GE NITED SIATES ISTRICT -Y .RT OUTHEN DISTRI OF.61EORGIA AO 72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?