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)

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)