King v. Upton et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, Plaintiff's deliberate indifference to the medical needs claims against Smith and Burnette are dismissed.. Signed by Judge B. Avant Edenfield on 5/4/09. (wwp)

TTD flJRT IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIP STATESBORO DIVISION
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TRAVIS NAPIER KING, Plaintiff, vs. STEVE UPTON; JOHN PAUL; JOE BURNETTE; JOHNNY SMITH and LARRY BREWTON, Defendants. CIVIL ACTION NO.: CV608-109

ORDER After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff contends that Defendants Burnette and Smith were aware of the poor conditions of his cell. Plaintiff further contends that Defendants' failure to remedy the situation shows actual malice with intent to cause harm. Plaintiff asserts that the actions of Defendants show that they do not act in conformity with the Georgia Department of Correction's policies. Plaintiff further asserts that if Defendants had notified the mental health director, as mandated by policy, mental health could have assumed responsibility for managing the situation. Plaintiff further asserts that Defendants' disregard of policy constituted deprivation of mental health care. (Doc. No. 10, pp. 1-3).

AC) 72A (Rev

8I2)
II

Plaintiff's Objections are without merit. Defendants Burnetto and Smith did not demonstrate deliberate indifference to Plaintiff's serious medical needs by allegedly
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failing to notify mental health after moving him to a different cell. Further, Plaintiff has failed to show that he was denied mental healthcare. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiff's deliberate indifference to his serious medical needs claims against Defendants Burnette and Smith are DISMISSED.
SO ORDERED, this

day of, 2009. / '. AVANT r-DENFIELD, JUWGE UNITED STATES DISTRRt COURT SOUTHERN DISTRICT 0f GEORGIA

A() 72A (Rev. 8/82)