Byrum et al v. Georgia Department of Corrections et al

Filing 102

ORDER ADOPTING 93 Report and Recommendations for all defendants except Chris Tucker and granting the 78 Motion for Summary Judgment filed by Wendell Fowler, Steven Upton, Dane Dasher. The case is stayed as to Tucker alone. Once the Bankruptcy Court lifts the stay, the Court will consider the R&R as it applies to Tucker. Signed by Judge B. Avant Edenfield on 10/4/13. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
LANARD WILLIAMS; CHRISTOPHER
MABRY; CEDRIC CALD WELL; and
AVERY RICHARD,
Plaintiffs,
V.

6:11-cv-11
STEVEN UPTON, Warden; WENDELL
FOWLER, Deputy Warden; DANE
DASHER, Deputy Warden; and CHRIS
TUCKER, Correctional Officer,
Defendants.
ORDER
After a careful de novo review of the record in this case, the Court concurs with the Magistrate
Judge's Report and Recommendation ("R&R"), to which an objection has been filed. Chris Tucker,
however, has filed for bankruptcy and this action is stayed as to Tucker alone. See 11 U.S.C. § 362(a);

In re Stewart, 329 B.R. 910, 914-15 (Bankr. M.D. Ga. 2005) (noting that the automatic stay of § 362
typically does not apply "to non-bankrupt co-defendants of a debtor even if they are in a similar legal
or factual nexus with the debtor"). The R&R therefore is ADOPTED as the opinion of the Court as to
all defendants except Tucker. Once the bankruptcy court lifts the stay, the Court will consider the
R&R as it applies to Tucker.

Thefl/day of November, 2013
/

,

UNITED STATES DIST
SOUTHERN DISTRICT