Pelka v. Ware County, Georgia et al

Filing 131

ORDER dismissing with prejudice Defendants Ware County, GA; Randy Royal, Individually and in his official capacity as Sheriff of Ware County, GA; Danny Christmas, Individually and in his official capacity as Administrator of the Ware County Jail; Jef fery Nichols, in his individual capacity; Belenda McElroy, in her individual capacity; Dwayne Howell, in his individual capacity; Donny Spradley, in his individual capacity; James Sowell in his individual capacity; James Aldridge, in his individual c apacity; Nathaniel Roberts, in his individual capacity; Michael Dean, in his individual capacity; Joshua Rylee, in his individual capacity; Gary Simmons, in his individual capacity; Hubert Ryals, in his individual capacity; James Lee, in his individu al capacity; Donna Bennett, in her individual capacity; Michelle Chancey, in her individual capacity; Johnny Lee Jones, Jr., in his individualcapacity; Susan Martin, in her individual capacity; Sharon Ray, in her individual capacity; Lynn Streat, in her individual capacity; Kristy White, in her individual capacity (the "Ware County Defendants"). The Clerk shall terminate all deadlines and motions related to the Ware County Defendants. As between Plaintiff and the Ware County Defendants , each party shall bear its own costs and attorney's fees. Defendants City of Waycross, Georgia; Peter Wrobel, M.D.; Peter Wrobel, M.D., P.C.; Southeast Georgia Primary Care, P.C.; and Southern Correctional Medicine, LLC shall remain parties to this action. Signed by Chief Judge J. Randal Hall on 09/11/2018. (thb)

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

SUSl EMERITA PELKA, as the

Surviving Spouse & Personal
Representative of the Estate of
JEFFERY DAVID PELKA, Deceased,

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5

Plaintiff,

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V

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WARE COUNTY, GEORGIA; RANDY ROYAL,

Individually and in his Official
Capacity as Sheriff of Ware
County, Georgia; DANNY CHRISTMAS,
Individually and in his Official
Capacity as Administrator of the
Ware County Jail; CITY OF
WAYCROSS, GEORGIA; JEFFREY
NICHOLS, BELENDA MCELROY, DWAYNE
HOWELL, DONNY SPRADLEY, JAMES

SOWELL, JAMES ALDRIDGE, NATHANIEL
ROBERTS, MICHAL DEAN, JOSHUA
RYLEE, GARY SIMMONS, HUBERT
RYALS, and JAMES LEE, in
their Individual Capacities;
PETER WROBEL, M.D., Individually
and in his Official Capacity
as Medical Director of the Ware

County Jail; PETER WROBEL, M.D.,
P.O.; SOUTHEAST GEORGIA PRIMARY

CARE, P.C.; SOUTHERN CORRECTIONAL
MEDICINE, LLC; and DONNA BENNETT,
MICHELLE CHANCEY, JOHNNY LEE

JONES, JR., SUSAN MARTIN, SHARON
RAY, LYNN STREAT, and KRISTY
WHITE, in their Individual
Capacities,
Defendants.

CV

516-108

ORDER

Presently pending before the Court is the parties' consent
motion to dismiss less than all defendants.

(Doc. 127.)

Each

party remaining in the case has agreed to the dismissal of
certain

Defendants

prejudice. (Id.)

in

the

above-referenced

action

with

IT IS THEREFORE ORDERED that Defendants WARE

COUNTY, GEORGIA; RANDY ROYAL, Individually and in his official
capacity as Sheriff of Ware County, Georgia; DANNY CHRISTMAS,

Individually and in his official capacity as Administrator of
the

Ware

County

Jail;

JEFFERY

NICHOLS,

in

his

individual

capacity; BELENDA McELROY, in her individual capacity; DWAYNE
HOWELL, in

his

individual capacity; DONNY SPR2UDLEY,

in

his

individual capacity; JAMES SOWELL, in his individual capacity;
JAMES ALDRIDGE, in his individual capacity; NATHANIEL ROBERTS,

in

his individual capacity; MICHAEL DEAN, in

capacity;
SIMMONS,

JOSHUA
in

his

RYLEE,

in

individual

his

individual

capacity;

individual capacity; JAMES LEE, in

HUBERT

his individual

capacity;
RYALS,

in

GARY
his

his individual capacity;

DONNA BENNETT, in her individual capacity; MICHELLE CHANCEY, in
her individual capacity; JOHNNY LEE JONES JR., in his individual

capacity; SUSAN MARTIN, in her individual capacity; SHARON RAY,
in

her

individual

capacity;

LYNN

STREAT,

in

her

individual

capacity; KRISTY WHITE, in her individual capacity (the ''Ware

County Defendants") are DISMISSED WITH PREJUDICE.
2

The Clerk

shall

TERMINATE

all

County Defendants.

deadlines

and

As between

motions

related

Plaintiff and

the

to

the

Ware

Ware County

Defendants, each party shall bear its own costs and attorney's
fees.

Defendants City of Waycross, Georgia; Peter Wrobel, M.D.;

Peter Wrobel, M.D., P.C.; Southeast Georgia Primary Care, P.C.;
and Southern Correctional Medicine, LLC shall remain parties to
this action.

ORDER

ENTERED

at

Augusta,

Georgia,

this

day

of

September, 2018.

J. RANDMr^ALL, 'CHIEF JUDGE

UNITEDyBTATES DISTRICT JUDGE
:rn district of Georgia