Hopes v. Correct Health et al

Filing 24

ORDER denying 21 Motion for Reconsideration. Any implicit request to amend the judgment entered in this case is also DENIED. See dkt. no. 22. This case stands DISMISSED. Signed by Judge Lisa G. Wood on 9/19/17. (jlm)

Download PDF
tiSmteti States! IBtsitrtct Court ^outliem IBtOtritt ot 4^eorsta ^obannali Bibtotott MANVEL OMAR HOPES, Plaintiff, CV 417-079 V. CORRECT HEALTH, SHERIFF JOHN WILCHER, et al.. Defendants. ORDER Pro se plaintiff Manvel Omar Hopes filed a 42 U.S.C. § 1983 case against individuals and entities he contends are responsible for injuries he suffered in a slip-and-fall accident at Chatham County Jail. recommended claim. that his See dkt. no. See dkt. no. 1. dismissed case be 15. The Court adopted the recommendation, after no objection was timely filed, Dkt. Nos. 17 & 18. for After judgment was entered, Dkt. also its Magistrate the Court Judge's construed Hopes' failing to reconsider recommendation. to state a and judgment was entered. more time to prepare his objections. moved The Magistrate Judge Dkt. Hopes requested Nos. 19 & 20. He Order adopting the No. 21. The Court various requests as a timely motion to alter or amend the judgment and directed him to submit any materials he contends affect the disposition of his claims. 1 Dkt. No. 22. He complied. Court Dkt. No. 23 considers whether (Amended Complaint). that new material Accordingly, the changes this case's disposition. Hopes' Amended Complaint provides additional details on the circumstances of his slip-and-fall accident.^ If with dkt. no. 23. Compare dkt. no. He explains that he believes the cleaning product used on the bathroom floor at Chatham County Jail is inappropriate for that purpose, and that its regular use created a hazard to which other inmates have succumbed. 4-5. He has not, however, presented any Dkt. fact No. or 23 at argument suggesting that his accident was anything more than the result— at worst—of ^'[c]ourts not ^ give Hopes' prison have rise employees' negligence. regularly held that to Amended federal causes Complaint adds slip of and In that fall action." allegations regard, accidents Davis concerning do v. his medical care: specifically that his transfer to Georgia Diagnostics and Classification Prison (GDCP) in Jackson, Georgia, prevented him from receiving a recommended MRI. See dkt. no. 23 at 7. The facts underlying this claim are vague. His allegations imply that the MRI was scheduled, but that he was transferred "two weeks prior." Id. His change-of-address notice to the Court indicates that he was transferred on May 17, 2017. Dkt. No. 12 at 1. His allegation implies, therefore, that he was scheduled to receive an MRI in early June 2017. It does not necessarily imply, however, that the treatment has been anything more than delayed. Further, if he alleges that GDCP medical staff are deliberately indifferent to his serious medical needs, venue for such a claim would lie in the Middle District of Georgia. See 28 U.S.C. § 90(b)(2) (stating that Butts County, in which Jackson is located, is in the Macon Division of the Middle District of Georgia). The new allegations, therefore, provide no reason to revisit the Court's disposition of his original claim. Corrections Corp. (N.D. Fla. Ankoh, No. 2006) (prisoner's floor Feb. of Am., 22, 2008) I:04cv37, cleaner and No. 5:07cv279, (collecting cases); 2006 WL 2583370, allegations lack of 2008 WL 539057, ^'that at *1 the adequate see also Wynn v. (M.D. Ga. caused his Sept. 6, choice prison ['s] shoes at *3 of fall and injuries" alleged only negligence and failed to state a § 1983 claim). His proposed amendment, therefore, does not affect the Magistrate Judge's analysis or the Court's judgment. Accordingly, the Court DENIES Hopes' request to reconsider its Order adopting the Magistrate Judge's recommendation. No. this 21. case Dkt. Any implicit request to amend the judgment entered in is also DENIED. See dkt. no. 22. This case DISMISSED. SO ORDERED, this 19™ day of September, 2017. HON. LISA GODBEY WOOD, UNITED STATES SOUTHERN DISTRICT JUDGE COURT DISTRICT OF GEORGIA stands

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?