Jones v. Fogam

Filing 38

ORDER adopting re 28 Report and Recommendations; granting in part and denying in part 19 Motion to Dismiss. Signed by Judge William T. Moore, Jr on 9/26/2014. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

LESTER BERNARD JONES,
Plaintiff,
CASE NO. CV413-131

OR

DR. ERIC FOGAM, Medical
Director of Coastal State
Prison,
Defendants.

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ORDER

211

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Before the Court is the Magistrate Judge's Re4rt atc1
C)1
Recommendation (Doc. 28), to which both Plaintiff (]c. 3;
u

Doc. 34; Doc. 36) and Defendant (Doc. 31) hav filed
objections. After a careful de novo review of the record,
the Court finds the objections to be without merit.
Accordingly, the report and recommendation

is ADOPTED as

the Court's opinion in this case and Defendant's Motion to
Dismiss (Doc. 19) is GRANTED IN PART and DENIED IN PART.
As a result, Plaintiff's equal protection claim

is

DISMISSED WITHOUT PREJUDICE for lack of exhaustion, while

his claim against Defendant in his individual capacity is
DISMISSED WITH PREJUDICE.

Defendant's request for

dismissal of Plaintiff's claim against Defendant in his
official capacity is DENIED and will proceed to summary

T2
-

judgment.

Finally, Plaintiff's Motions for Preliminary

Injunctions (Doc. 3; Doc. 13) are DENIED.
10014

SO ORDERED this 2day of September 2014.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA