Cook v. Wilcher et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 of the U.S. Magistrate Judge as the opinion of this Court dismissing Sheriff Wilcher and dismissing Plaintiff's Eighth Amendment Claim based on the conditions of his confinement and Remanding 9 O bjection to Report and Recommendations filed by Mario Cook to the U.S. Magistrate Judge. Plaintiff's Eighth Amendment claim based on the denial of medical care remains, pending further screening by the Magistrate Judge. Signed by Judge William T. Moore, Jr. on July 19, 2021. (jrb)

Case 4:19-cv-00203-WTM-CLR Document 10 Filed 07/19/21 Page 1 of 2

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

MARIO COOK,

Plaintiff,
CASE NO. CV419-203

V

SHERIFF JOHN WILCHER,

OFFICER BRAXTON, and
CPL. MUNOZ,
Defendants.

ORDER

Before the Court is the Magistrate Judge's May 21, 2021,

Report

and

Recommendation.

(Doc.

8.)

In

the

report

and

recommendation, the Magistrate Judge recommended that the Court

dismiss all of Plaintiff's claims against Defendant Sheriff John
Wilcher

and

Plaintiff's

Eighth

Amendment

claim

based

on

the

conditions of his confinement. (Id. at 14.) The Magistrate Judge

also directed Plaintiff to file an amended complaint that addresses

the defects in his Eighth Amendment claim based on the denial of
medical care. (Id.) On June 24, 2021, Plaintiff filed a document

titled ^^Objections to Magistrate Judge's Report." (Doc. 9.) In the
filing.

Plaintiff

does

not

directly

address

the

report

and

recommendation but, instead, describes the extent of his injuries
in detail. (Id. at 1-2.) Pro se

pleadings are held to a less

stringent standard than pleadings drafted by attorneys and are

Case 4:19-cv-00203-WTM-CLR Document 10 Filed 07/19/21 Page 2 of 2

liberally construed. See Binqham v. Thomas, 654 F.3d 1171, 1175
(11th Cir. 2011). Accordingly, the Court construes Plaintiff's
filing as an attempt to amend his complaint in accordance with the
Magistrate Judge's directive. (See Doc. 8 at 9-13.) Accordingly,
Plaintiff's
Magistrate

Amended
Judge

for

Complaint
further

(Doc.

9)

screening

is

REMANDED

pursuant

to

to

28

the

U.S.C.

§ 1915A.

After a careful de novo review of the record, the remainder

of the report and recommendation is ADOPTED as the Court's opinion
in this case. As a result, Defendant Sheriff Wilcher is DISMISSED

and Plaintiff s Eighth Amendment claim based on the conditions of
his confinement is DISMISSED. Plaintiff's Eighth Amendment claim
based

on

the

denial

of

medical

care

remains,

pending

further

screening by the Magistrate Judge.
SO ORDERED this

day of July 2021.

-

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA