Shaffer v. Danforth et al

Filing 39

ORDER granting 27 Motion to Dismiss; adopting 35 Report and Recommendations. Therefore, the deliberate indifference claim, as well as the official capacity claims for monetary relief and all injunctive relief claims are dismissed. This case s hall continue against Defendants Maddox and Creamer only as to the individual capacity. Within 7 days of this order, Defendants must file an answer and the stay of discovery entered on 1/22/15, shall be lifted. Signed by Judge Dudley H. Bowen on 4/20/15. (cmr)

ORIGINAL
IN THE TINITEDSTATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN

FILED
U.I.OISTffiCT
COJRT
t)IV.
AUGUSTA

20l5tPR Pl{&:39
20

DUBLIN DTVISION
JR.,
JOHNNIESHAFFER,
Plaintiff'

cv 314-070
LT. KYLE MADDOX, CO I, and,
E-2
JOI{N CREAMER, FloorOfficer,CO I,
Defendants.
ORDER
After a careful,de noyo rcview of the file, the Court concurswith the MagistrateJudge's
havebeenfi1ed(doc.no. 37). The Magistrate
to
ReportandRecommendation, which objections
claim andallowingto continue
indifference
Plaintiffs deliberate
dismissing
recommended
Judge
both Defendants.(Seedoc. no' 35.) The Magistrate
force claims against
only the excessive
as
his
Judgefound Plaintiff did not exhaust adminishativeremedies to the deliberateindifference
datedMarch 15,2014 doesnot mentionor complainaboutthe
the
claim because gdevance
Plaintiff
afterthe useof force. (d. at 7.) In his objections,
allegeddenialof medicaltreatment
of
C'SOP)
complainsthat GeorgiaDepartment Corrections'StandafdOperatingProcedure
dealingwith more than one issue,and thereforethe
IIB05-0001prohibits filing a grievance
grievanceprocedurewas not availableto him to exhausta use of force and deliberate
claim. (Seedoc.no. 37.)
indifference
of
produceddocumentation Plaintiff s
Plaintiff s objectionsignore that Defendants
grievancehistory showing that he had no other grievancepending at the time he filed the

Aff., Ex.
of
grievance
conceming ev€nts March 15,2014. (Doc.no. 35, p. 7 (citingClemons
the
for
for
3, p. 1).) Thus,he couldhavefiled onegrievance the useof forceandone grievance the
denial of medical txeatmentand not run afoul of the rule allowing only two active grievances.
SeeSOP IIB05-0001$ V(BX5). Plaintiff also fails to show that he actuallytried to file a
treatment.
grievance
denialof medical
addressing alleged
the
and ADOPTS the Report
Accordingly,the Court OVERRULES PlaintifPsobjections
of
and Recommendation the MagistrateJudgeas its opinion. The Court GRANTS Defendants'
claim,aswell asthe
(doc.no.27) andDISMISSESthe deliberate
indifference
motionto dismiss
official capacityclaims for monetaryrelief and all injunctiverelief claims. This caseshall
continue against DefendantsMaddox and Creameronly as to the individual capacity Eighth
on
force. Within
damages
based the allegeduseof excessive
Amendment
claim for monetary
must file an answerto this remainingclaim, and
sevendaysof the dateof this Order,Defendants

DISTRICTJUDGE