Gandy v. Bryson et al

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS 47 and 65 on 34 Motion to Dismiss and 21 Motion to Dismiss. Motions to dismiss are granted in part and denied in part. Plaintiff's claims against Adams, Johnson and Boyett are dismissed in their entirety. Signed by Judge Lisa G. Wood on 8/31/17. (slt)

ifn tl^e ?i9tttteb States; Btsitritt Court
Jfor tl^e ^ottt][ierti Bisitritt of Georgia
^aj^crosisi Btbtjefion
KASIM GANDY,

Plaintiff,

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

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

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's
April 11, 2017, and July 3, 2017, Reports and Recommendations,
dkt. nos. 47, 65, to which Plaintiff and Defendants did not file

Objections.

Accordingly, the Court ADOPTS the Magistrate

Judge's Reports and Recommendations as the opinion of the Court.
The Court GRANTS IN PART and DENIES IN PART Defendants' Motions

to Dismiss, dkts. no. 21, 34.
The Court GRANTS Defendants' Motions as to Defendants

Adams, Johnson, and Boyett and DISMISSES Plaintiff's claims
against those Defendants in their entirety.

A0 72A

(Rev. 8/82)

Additionally, the

Court GRANTS the portion of Defendants' Motions to Dismiss as to
Plaintiff s substantive due process claims and DISMISSES
Plaintiff's substantive due process claims against all
Defendants.

However, the Court DENIES the portion of the

Motions to Dismiss as to Plaintiff's procedural due process

claims, and those claims shall remain pending.

SO ORDERED, this ^

HON. lilSA/GODBEY WOOD, JUDGE

UNITEdI ^TES DISTRICT COURT

SOUTHE^^ DISTRICT OF GEORGIA

A0 72A

(Rev. 8/82)

, 2017.