Williams v. Cox et al

Filing 36

ORDER ADOPTING 28 Report and Recommendation of the Magistrate Judge as the opinion of the Court, and OVERRULES Plaintiff's Objections. Consequently, the Court GRANTS Defendants' 18 Motion for Summary Judgment, DISMISSES without prejudic e Plaintiff's claims against "Unknown Staff", DISMISSES Plaintiff's Complaint, and DENIES Plaintiff leave to appeal in forma pauperis. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 7/19/2016. (ca)

%n the Eniteb .4tatto 39iotrid Court
for the boutbern 1Ditrict of georgia
runtuitk flibiton
ALBERT WILLIAMS,
Plaintiff,

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CIVIL ACTION NO.: 2:14-cv-158

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V.

DR. BRUCE COX; FATHER JAMES
O'NEIL; and UNKNOWN STAFF,
Defendants.

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ORDER

Presently before the Court is the Magistrate Judge's April
28, 2016, Report and Recommendation, dkt. no. 28, to which
Plaintiff has filed Objections, dkt. no. 30. Defendants filed a
Response to Plaintiff's Objections. Dkt. No. 34. After an
independent and de novo review of the entire record, the Court
CONCURS with the Magistrate Judge's Report and Recommendation,
ADOPTS the Report and Recommendation as the opinion of the

Court, and OVERRULES Plaintiff's Objections.' Consequently, the

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As Defendants note in their Response to Plaintiff's Objections,
Plaintiff has been transferred out of the Federal Correctional
Institution in Jesup, Georgia, which is another reason Plaintiff's
claims are moot. "An inmate's claim for injunctive relief against
prison officials is subject to dismissal for mootness when the
prisoner is transferred to another prison and is no longer under the
control of the prison officials against whom injunctive relief is
sought." Cassell V. Kemp, Mo. 6:15-CV-88, 2016 WL 638712, at *3 (S.D.
Ga. Jan. 5, 2016), report and recommendation adopted, No. 6:15-CV-88,
AO 72A
(Rev. 8/82)

Court GRANTS Defendants' Notion for Summary Judgment, DISMISSES
without prejudice Plaintiff's claims against "Unknown Staff",
DISMISSES Plaintiff's Complaint, and DENIES Plaintiff leave to

appeal in farina pauperis.

The Court DIRECTS the Clerk of Court

to enter the appropriate judgment of dismissal nd to CLOSE this

, 2016.

SO ORDERED, this

LI / SA GODHEY WOOD, CHIEF JUDGE
ITED STATES DISTRICT COURT
T THERN DISTRICT OF GEORGIA
OU

2016 WL 632593 (S.D. Ga. Feb. 17, 2016) (citing Spears v. Thigpen, 846
F.2d 1327, 1328 (11th Cir. 1988) (per curiam); Wahl v. McIver, 773
F. 2d 1169, 1173 (11th Cir. 1985) (per
curiam)
("Absent class
certification, an inmate's claim for injunctive relief and declaratory
relief in a section 1983 action fails to present a case or controversy
once the inmate has been transferred.")).

AO 72A
(Rev. 8182)

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