Tabb v. Bryson et al

Filing 34

ORDER ADOPTING 29 Report and Recommendations of the Magistrate Judge as the opinion of the Court, and the Court OVERRULES Plaintiff's Objections, dtk. no. 30. The Court DISMISSES the following claims: all monetary damages claims against Defen dants in their official capacities; all monetary damages claims against Defendant Homer Bryson; Eighth Amendment denial of exercise claims against Defendants Crawford, Lowe, Doe, Ferrel, and Doe-2; Eighth Amendment inadequate food claims against Defe ndants Brooks, Steedley, Lowe, Ferrel, and Jane Doe-2; Eighth Amendment inadequate medical care claims against Defendant Brooks, Steedley, Lowe, and Jane Doe; and Procedural and Substantive Due Process Claims against Defendants Johnson, Crawford, Jan e Doe, Ferrel, and Jane Doe-2. In addition, the Court DENIES Plaintiff's 4 Motion for Preliminary Injunction. However, as outlined in the Report and Recommendation, Plaintiff has stated at least one viable claim against all Defendants, dkt. no. 29, p. 23, and, therefore, this action will proceed. Signed by Chief Judge Lisa G. Wood on 2/3/2016. (ca)

N the Entteb tate flitritt Court
for the Moutiern 1Ditrttt of aeorsta
Waytroa flibtion
JOSEPH TABB,
Plaintiff,
V.

HOMER BRYSON, et al.,
Defendants.

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CIVIL ACTION NO.: 5:15-cv-58

ORDER

After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's January 8, 2016,
Report and Recommendation, dkt. no. 29, to which objections have
been filed. Accordingly, the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED as the opinion of the Court,
and the Court OVERRULES Plaintiff's Objections, dkt. no. 30.
The Court DISMISSES the following claims: all monetary
damages claims against Defendants in their official capacities;
all monetary damages claims against Defendant Homer Bryson;
Eighth Amendment denial of exercise claims against Defendants
Crawford, Lowe, Doe, Ferrel, and Doe-2; Eighth Amendment
inadequate food claims against Defendants Brooks, Steedley,
Lowe, Ferrel, and Jane Doe-2; Eighth Amendment inadequate

AO 72A
(Rev. 8/82)

medical care claims against Defendants Brooks, Steedley, Lowe,
and Jane Doe; and Procedural and Substantive Due Process Claims
against Defendants Johnson, Crawford, Jane Doe, Ferrel, and Jane
Doe-2. In addition, the Court DENIES Plaintiff's Motion for a
Preliminary Injunction. Dkt. No. 4. However, as outlined in
the Report and Recommendation, Plaintiff has stated at least one
viable claim against all Defendants, dkt. no. 29,

p. 23, and,

therefore, this action will proceed.
SO ORDERED, this

/

day o

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S/GODBEY WOOD, CHIEF JUDGE
TED STATES DISTRICT COURT
UTHERN DISTRICT OF GEORGIA

AD 72A
(Rev. 8I2)

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, 2016.