Glenn v. O'Neal et al

Filing 39

ORDER ADOPTING 31 Report and Recommendations, DISMISSING certain claims, DISMISSING Defendants Emmons, Baker, O'Neal, James Doe Deputy Warden of Security, James Doe in charge of security, JSP Medical Provider, John Doe JSP Medical Director, J efferson, Andrews-Bodi, Nurse Brian Doe, Deal, and Bryson from this case. The Court DIRECTS the Clerk to TERMINATE the Georgia Department of Corrections from the docket as it is not named as a party in Plaintiff's amended complaint. Signed by Judge Dudley H. Bowen on 04/11/2017. (maa)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

KENNETH MARTIN GLENN,
Plaintiff,
CV 316-029

V.

MRS,K. WILLIAMS, Chief Counselor;
MRS. WICKER HUMPHRIES, Counselor;
SHAWN EMMONS, Warden; MRS.PRICE,
Deputy Warden; MRS. BAKER, Counselor
(Administration); JEFFREY WIGGINS,

Sergeant; MR. O'NEAL,Unit Manager;
GOVERNOR NATHAN DEAL; HOMER
BRYSON,Commissioner GDC;JAMES

DOE,JSP Deputy Warden Security;
JAMES DOE,Person in Charge of Security
at Johnson Prison; MRS.PERRY, Mental
Health Counselor; JOHNSON STATE
PRISON'S MEDICAL PROVIDER; JOHN
DOE,JSP Medical Director; MR.

JEFFERSON,Deputy Warden; MRS.
ANDREWS/BODI,NA/PA; BRIAN DOE,
Nurse; JOHNSON STATE PRISON'S
PSYCHIATRIC TREATMENT PROVIDER;
and JOHN OR JANE DOE,Johnson State
Prison's Psychiatric Provider,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed, despite the
Court granting an extension of time to file objections (doc. no. 36). Accordingly, the Court

ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion and
DISMISSES Plaintiffs claims for (1) denial of due process by denying his grievances
against Defendants Williams, Wicker-Humphries, Emmons, Price, and Baker;(2) terroristic

threats against Defendant O'Neal;(3) ordering gang members to assault him and inject him
with staph infection against Defendant O'Neal;(4) Eighth Amendment claim for deliberate

indifference to his safety against Defendants Williams, Emmons, Price, O'Neal, and
Jefferson;(5) Eighth Amendment claim for deliberate indifference to his back injury, wrists
and hands injury, hemorrhoids, and staph infection against Defendants Price, JSP Medical
Provider, John Doe JSP Medical Director, Jefferson, Andrews-Bodi, and Nurse Brian Doe;

(6) failure to enforce prison cell phone regulations against Defendants James Doe Deputy

Warden of Security and James Doe person in charge of security; (7) supervisory liability
claims against Defendant Price; and (8) all claims against Defendants Nathan Deal and
Homer Bryson. As no claims remain against them, the Court DISMISSES Defendants

Emmons, Baker, O'Neal, James Doe Deputy Warden of Security, James Doe in charge of
security, JSP Medical Provider, John Doe JSP Medical Director, Jefferson, Andrews-Bodi,
Nurse Brian Doe, Deal, and Bryson from this case. The Court DIRECTS the Clerk to
TERMINATE the Georgia Department of Corrections from the docket as it is not named as
a party in Plaintiffs amended complaint(doc. no. 27).

As explained in the Magistrate Judge's February 15, 2017 Order, the case shall
proceed on Plaintiffs (1) First Amendment claims for retaliatory punishment for filing

grievances against Defendants Williams and Wicker-Humphries; (2) excessive force claims
against Defendant Wiggins; and (3) Eighth Amendment deliberate indifference to psychiatric
needs claims against Defendants Perry, Price, JSP Psychiatric Provider, and Director of JSP
2

Psychiatric Provider. (See doc. no. 33.) The Court reminds PlaintifiF that he is responsible for
service, and the deadline for service is May 16, 2017. (See id. at 8.) As Plaintiff has been
warned, "[F]ailure to [serve Defendants] may result in their dismissal from this lawsuit or
dismissal ofthis case." (Id.(citingFed. R. Civ. P. 4(m)).)

SO ORDERED this //^ day of April, 2017, at Augusta, Georgia.

UNITED STATES DISTRICT JUDGE