Clayton v. Georgia Department of Corrections et al

Filing 38

ORDER adopting re 27 Report and Recommendations.; granting in part and denying in part 17 Motion to Dismiss; granting in part and denying in part 21 Motion and 22 Motion; Defts Harman, Hobby and Brown, as well as pla's claim concerning t he incision and swelling in his right knee adn the cancellation of his solf shoe profile are Dismissed. Pla's request for monetary damages against deft Alston in her official capacity is Dismissed. Pla's request that his claims for deliberate indifference to serious medical needs against Alston in individual capacity ARE allowed to proceed. Signed by Judge Dudley H. Bowen on 7/29/10. (cmr)

Clayton v. Georgia Department of Corrections et al

Doc. 38

ORIGINAL
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA 2!fl JL DUBLIN DIVISION

LUTHER JAMES CLAYTON, Plaintiff,
V.

CV 309-042

MARY ALSTON, Doctor, et al., Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed (doe. no. 36).' Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Defendants' Motion to Dismiss (doe. no. 17) is GRANTED IN PART and DENIED IN PART. Defendants Harman, Hobby, and Brown, as well as Plaintiffs claims concerning the incision and swelling in his right knee and the cancellation of his soft shoe profile, are DISMISSED. Plaintiffs request for monetary damages against Defendant Alston in her official capacity is DISMISSED. Additionally, Plaintiff's motions

'Defendants filed a response to Plaintiffs objections. (Doe. no. 37.)

Dockets.Justia.com

(doe. nos. 21, 22) are GRANTED IN PART and DENIED IN PART. To the extent Plaintiff requests that he be allowed to proceed with his case against Defendants Harman, Hobby, and Brown, his request is denied. To the extent Plaintiff requests that his claims for deliberate indifference to his serious medical needs against Defendant Alston in her individual capacity be allowed to proceed, his request is granted. SO ORDERED this

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