Thomley v. Bennett et al

Filing 26

ORDER re: 17 the Magistrate Judge's Report and Recommendations, as supplemented herein, is adopted as the opinion of the Court. Plaintiff's claims against Defendant Roble are DISMISSED, and Defendant Roble is terminated as a named defendant. Pursuant to a Court Order entered on January 16, 1996, in Case Number MC496-06, Plaintiff's Motions, (doc. nos. 20 , 22 are DENIED. Signed by Chief Judge Lisa G. Wood on 12/12/2014. (csr)

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

CHARLES RUFUS THOMLEY, II,
Plaintiff,
:

V.

CIVIL ACTION NO.: CV514-073

RAMSEY BENNETT, Sheriff;
Lt. RALPH MILLER; HEATHER
SPRADLY, Nurse; and Dr.
PETER ROBLE,
Defendants.
ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff
filed Objections. In his Objections, Plaintiff contends that Defendant Robles, the doctor
at the Pierce County Jail, has the responsibility of ensuring that the detainees at the Jail
have proper medication. Plaintiff also contends that he was denied his medication for
two days.
As the Magistrate Judge noted, Plaintiff fails to make an assertion which reveals
that Defendant Roble was aware that Plaintiff had a serious medical need and was
deliberately indifferent to that need. Assuming, arguendo, that Defendant Roble's delay
of two days in ordering Plaintiffs medication could constitute deliberate indifference to a
serious medical need, Plaintiff cannot sustain a cause of action against Defendant
Roble in this situation. In determining whether a delay in treatment rises to the level of
deliberate indifference, relevant factors include: "(1) the seriousness of the medical

AO 72A
(Rev. 8/82)

need; (2) whether the delay worsened the medical condition; and (3) the reason for the
delay." Goebert v. Lee Cnty., 510 F.3d 1312, 1327 (11th Cir. 2007). The question of
whether a delay in receiving treatment worsened an individual's condition overlaps with
the causation inquiry. Id. at 1329. Plaintiff fails to make any showing that the two-day
delay in receiving his medication worsened his condition.
Plaintiff's Objections are overruled.

The Magistrate Judge's Report and

Recommendation, as supplemented herein, is adopted as the opinion of the Court.
Plaintiff's claims against Defendant Roble are DISMISSED, and Defendant Roble is
terminated as a named Defendant.
Plaintiff has also filed a letter, which was docketed as a Motion for Subpoena,
and a Motion for Subpoenas. Through these Motions, Plaintiff seeks to have this Court
issue subpoenas to obtain video footage from the Pierce County Jail for three specific
dates, as well as the x-rays and other medical information on file. Plaintiff also seeks to
have this Court issue subpoenas for several witnesses and officers to get their
statements. Plaintiff further seeks subpoenas for the Defendants upon whom the
Magistrate Judge ordered service of Plaintiff's Complaint. Pursuant to a Court Order
entered on January 16, 1996, in Case Number MC496-06, Plaintiff's Motions, (doc. nos.
20, 22), are DENIED. Plaintiff may obtain this information by pthr means.
SO ORDERED, this \Q day of

2014.

L1A GODBEY WOOD, CHIEF JUDGE
STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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