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)

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