Maleeah v. Awe et al

Filing 31

ORDER adopting in part and declines to adopt in part 14 Report and Recommendations. The Court agrees that Defendant Awe should be DISMISSED from this action. Moreover, the court agrees that Plaintiff's claims against Defendants Brown, Darcy, Terry, Tyler, Green, and Anderson must remain in this action. With respect to Defendant Brown, however, the Court disagrees with the Magistrate Judge and finds that Plaintiff's claims against Defendant Brown should not be dismissed from this ac tion. The Clerk is directed to forward a copy of this Order, along with Plaintiff's complaint, to the Marshal for service to Defendant Brown. Signed by Judge William T. Moore, Jr on 1/15/19. (trb) (Additional attachment(s) added on 1/16/2019: # 1 USM 285 Form) (trb).

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

CAGER A. MALEEAH,
Plaintiff,
CASE NO. CV418-096

V.

DR. OLATUNJI AWE, DR. BROWN,
P.A. DARCY, NURSE GRANT, NURSE
TYLER, NURSE ANDERSON, and
NURSE GREEN,
P
S.O

O-

Defendants.
c/i

>r'n.

ORDER

5 rE

og

Before

the

Court

is

the

Magistrate

Judge's

Re port)^ ar!9P
"CO
C3

Recommendation (Doc. 14), to which objections have been filed (Doc.
21). In the report and recommendation, the Magistrate Judge found

that Plaintiff properly alleged claims against Defendants Darcy,
Terry, Tyler, Green, and Anderson. (Doc. 14.) The Magistrate Judge,

however, recommended that Plaintiff's claims against Defendants
Awe and Brown be dismissed. (Id.) The Magistrate Judge concluded
that Plaintiff's Eighth Amendment claims against Defendants Awe
and Brown failed because Plaintiff failed to provide any factual
basis to support a finding that either

Defendant

was directly

involved in providing Plaintiff's medical care. After a careful
review of the record and Plaintiff's objections, this Court can

only partially agree.

o