Cook v. Wilcher et al
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
CASE NO. CV419-203
SHERIFF JOHN WILCHER,
OFFICER BRAXTON, and
Before the Court is the Magistrate Judge's May 21, 2021,
recommendation, the Magistrate Judge recommended that the Court
dismiss all of Plaintiff's claims against Defendant Sheriff John
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
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,
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
screening by the Magistrate Judge.
SO ORDERED this
day of July 2021.
WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
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