Waters v. Georgia Department of Corrections et al
ORDER adopting 90 Report and Recommendations, dismissing Plaintiff's Eighth and Fourteenth Amendment claims against Defendant GDOC, official capacity claims against O'Neal, Poss, Scott, Alexander Taylor, Antonio Taylor, Lorge, and Mason, and claims regarding his treatment at BSP, and denying Plaintiff's request for a preliminary injunction. The Court overrules Plaintiff's 89 objections. Defendants shall have fourteen days following the entry of this Order within which to answer, move, or otherwise plead to Plaintiff's amended complaint. Signed by Judge Dudley H. Bowen on 07/20/2018. (thb) Modified on 7/20/2018 (thb).
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
GEORGIA DEPARTMENT OF
CORRECTIONS; WESLEY O'NEAL,
Correctional Unit Manager; JOSEPH POSS,
Correctional Officer; JOSEPH SCOTT,
Correctional Officer; ANTONIO TAYLOR,
Correctional Officer; ALEXANDER
ELLIS LORGE,Correctional Officer;
and JAMES MASON,Correctional Officer,
After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation ("R&R"), to which objections have been filed. (Doc.
no. 93.) Accordingly, the Court OVERRULES Plaintiffs objections, ADOPTS the Report
and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs Eighth
and Fourteenth Amendment claims against Defendant GDOC, official capacity claims
against O'Neal, Poss, Scott, Alexander Taylor, Antonio Taylor, Lorge, and Mason, and
claims regarding his treatment at BSP, and DENIES Plaintiffs request for a preliminary
Plaintiff also objects to the Magistrate Judge's June 26, 2018 Order, (doc. no. 89),
staying the deadline for Defendants to answer Plaintiffs amended complaint until after the
Court takes final action on the R&R and ordering Defendants to file a response to the
amended complaint within fourteen days of such action. (Id at 1-2.) Plaintiff expresses
concern Defendants will file a motion for summary judgment before the Court rules on
Plaintiffs pending motion to compel, which will prejudice his ability to respond. (Id at 2.)
Plaintiffs concerns are unfounded. Following the filing of the first answer of a
Defendant, the Court will enter a revised scheduling order reopening the discovery period
and providing a new motions deadline. Furthermore, the Court will not rule on any
potentially forthcoming motion for summary judgment without first resolving any discovery
disputes between the parties. Accordingly, the Court OVERRULES Plaintiffs objections to
the June 26th Order. (Doc. no. 89.)
Defendants shall have fourteen days following entry of this Order within which to
answer, move, or otherwise plead to Plaintiffs amended complaint. After the filing of the
first answer of a Defendant, the Court will enter a revised scheduling order setting new case
so ORDERED this
day of July, 2018, at Augusta, Georgia.
UNITED STATES/DISTRICT JUDGE
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