Ludy v. Emmons et al

Filing 94

ORDER adopting the 81 Report and Recommendations and overruling Plaintiff's objections; granting Defendants' 49 and 64 Partial Motions to Dismiss, and dismisses Defendants Pullins, Hurst, Timmons, Smith, Clark, Claxton, Rogers, Bryan, Lindsey, and Andrew-Bodi from this case. The Court lifts the stay of discovery and Orders remaining Defendants to file an answer within 14 days of this Order. Signed by Judge Dudley H. Bowen on 3/5/2018. (jlh)

FILED

U.S. OiSTRiCT COURT
AUGUSTA D!V.
IN THE UNITED STATES DISTRICT COURT

2018 HAR-5 PH
FOR THE SOUTHERN D STRICT OF GEORGIA

CLERK
DUBLIN D VISION

S0/0f5^IDr GA.

MITCHELL LUDY,
Plaintiff,
V.

DEANNE MORRIS, Health Service
Administrator, Ga. Regent Health System;

CHERIE PRICE, Deputy Warden; WESLEY
O'NEAL, Unit Manager; JESSICA BYRD,

CV 316-065

Correctional Officer; CONSTANCE
PULLINS, Nurse; JASON HURST, Cert.
Officer; LARRY TIMMONS, Cert. Officer;
LAKEISHA SMITH, Cert. Officer; JAMIE

CLARK, Deputy Warden Administration;
ANGIE CLAXTON,Nurse; PEARLENE
ROGERS, Nurse; WALT BRYAN, Nurse;
PAMELA LINDSEY, Nurse Practitioner; and
ANNIE ANDREW-BODI,Physician
Assistant,
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, (Doc. nos. 85,
87, 89.) Nothing in Plaintiffs objections warrants deviation from the Magistrate Judge's
recommendation. Accordingly, the Court OVERRULES Plaintiffs objections, ADOPTS

the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS
Defendants' Partial Motions to Dismiss (doc. nos. 49, 64), and DISMISSES Plaintiffs

claims (1) against Defendant Timmons for improperly placing him in the J-1 security unity
and submitting him to extreme temperatures;(2) against Defendant Price for removing him
from barbering detail; (3) against Defendants Pullins and Hall for refusing breathing

treatments and falsifying vital information;(4)against all Defendants for refusing to provide
him with an electrical cord for his CPAP;(5) against all Defendants for ignoring his heat

intolerance medical profile and exposing him to tobacco, marijuana, and methamphetamine

smoke;(6) against Defendant Byrd for turning off exhaust fans on the roof; and (7) against
Defendants Hurst, Timmons, and Smith for throwing away his inhaler. As no claims remain

against them, the Court further DISMISSES Defendants Pullins, Hurst, Timmons, Smith,
Clark, Claxton, Rogers, Bryan, Lindsey, and Andrew-Bodi from this case.

The only claims left for further litigation are those against Defendants Price and Morris
for discontinuance of his assisted living profile, against Defendant O'Neal for confiscating his

CPAP container, and against Defendant Byrd for refusing to call Plaintiff to medical for

breathing treatment. Accordingly, the Court LIFTS the stay of discovery and ORDERS
Defendants Price, Morris, O'Neal, and Byrd to file an answer within fourteen days of this
Order.

SO ORDERED this

day of March, 2018, at Augusta, Georgia.

UNITED STAT^ DISTRICT JUDGE