Gales v. Bryson et al

Filing 54

ORDER adopting 52 Report and Recommendations. Motion to Dismiss 34 is granted in part and denied in part. Signed by Chief Judge Lisa G. Wood on 3/7/17. (slt)

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FILED Scott L. Poff, Clerk United States District Court By staylor at 3:52 pm, Mar 07, 2017 3n the EnitebStan; flitrttt Court for the boutbern flttrtct of georgia Vaperoa flthtton DEANGELO GALES, Plaintiff, VIA COMMISSIONER HOMER BRYSON; GREGORY C. DOZIER; WARDEN TOM GRAMIAK; DERRICK MCKJNNEY; WILLIAM STEEDLY; KIMBERLY LOWE; and NATHAN BROOKS, Defendants. * * * * * * * * * * * * * CIVIL ACTION NO.: 5:15-cv-65 ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's February 3, 2017, Report and Recommendation, dkt. no. 52, to which no Objections have been filed. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court GRANTS IN PART AND DENIES IN PART Defendants' Partial Motion to Dismiss, dkt. no. 34. Specifically, the Court DISMISSES Plaintiff's claims for monetary relief against Defendants in their official capacities and Plaintiff's claims for compensatory damages, punitive damages, and attorney's fees. In addition, the Court DISMISSES Plaintiff's First Amendment AO 72A (Rev. 8/82) claims as to all Defendants. However, the Court DENIES the portion of Defendants' Motion to Dismiss that seeks to dismiss Plaintiff's claims against Defendants Bryson and Dozier. Finally, the Court DISMISSES Plaintiff's claims for injunctive relief against Defendant Bryson. SO ORDERED, this 7 day of/JtJJ.f((j\ LIA 1ODBEY WOOD, CHIEF JUDGE UNjTt STATES DISTRICT COURT SOHERN DISTRICT OF GEORGIA 2 2017.

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