Gandy v. Bryson et al

Filing 13

ORDER ADOPTING 10 Report and Recommendation of the Magistrate Judge as the opinion of the Court and OVERRULES Plaintiff's Objections. Accordingly the Court DENIES Plaintiff's 6 Motion for TRO/Preliminary Injunction and request for decla ratory judgment. However, Plaintiff's states plausible Fourteenth Amendment due process claims against Defendants Tom Gramiak, Edwina Johnson, John Boyett, Nathan Brooks, William Steedly, Austin Adams, Kimberly Low, and Unite Manager Cox as a pl ausible First Amendment claim against Defendant Adams. Those claims shall proceed. The Court DISMISSES Plaintiff's monetary damages claims against Defendants in their official capacities, all claims against Defendant Bryson, all punitive and compensatory damage claims, and Plaintiff's Eighth Amendment claims. Signed by Chief Judge Lisa G. Wood on 9/12/2016. Modified on 9/12/2016 (ca).

n the aniteb tate flttttd Court
for tbe boutbern 1Ditrttt ot georgia
Waptro Jtbiion
KASIM GANDY,
Plaintiff,
V.

HOMER BRYSON; TOM GRAMIAK;
EDWINA JOHNSON; JOHN BOYETT;
NATHAN BROOKS; WILLIAM STEEDLY;
AUSTIN ADAMS; KIMBERLY LOWE; and
UNIT MANAGER COX,
Defendants.

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CIVIL ACTION NO.: 5:16-cv-44

ORDER

After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's August 15, 2016,

Report and Recommendation, dkt. no. 10, to which Objections have
been filed. Accordingly, the Court ADOPTS the Magistrate
Judge's Report and Recommendation as the opinion of the Court
and OVERRULES Plaintiff's Objection5;, dkt. no. 12.
The Court DISMISSES Plaintiff's monetary damages claims
against Defendants in their official capacities, all claims
against Defendant Bryson, all punitive and compensatory damage
claims, and Plaintiff's Eighth Amendment claims. Additionally,

the Court DENIES Plaintiff's Motion for Preliminary Injunction

AO 72A
(Rev. 8/82)

and request for declaratory judgment. Dkt. No. 6. However,
Plaintiff states plausible Fourteenth Amendment due process
claims against Defendants Tom Gramiak, Edwina Johnson, John
Boyett, Nathan Brooks, William Steedly, Austin Adams, Kimberly
Lowe, and Unit Manager Cox as well as a plausible First
Amendment claim against Defendant Adams. Those claims shall
proceed.
SO ORDERED, this

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7j

(4..S11y

LSA GODBEY WOOD, CHIEF JUDGE
NITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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. 2016.