Byrum et al v. Georgia Department of Corrections et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 granting in part denying in part Motion to Dismiss. The claims file by Plaintiff's Weigal, Springer, Porter, Leslie, Kelley, Elliot, Cloud, Cameron, Brummitt, Wilkerson, Byrum, Harris, Rucker, Burtts, White, Jones, Weems, Osborne, and Yearta are dismissed. filed by Georgia Department of Corrections, Wendell Fowler, Steven Upton, Dane Dasher, 19 Report and Recommendations,,. Signed by Judge B. Avant Edenfield on 11/1/11. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

This 1st day of November 2011.

SIMONTRAY BYRUM, et al.,
Plaintiffs,
v.

6:11-cv-11

GEORGIA DEPARTMENT OF
CORRECTIONS, et al.,
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”), see Doc. 19, to
which objections have been filed.
Plaintiffs’ objection has no precedential
basis. Defendants’ seem to argue that even
if they complete the grievance process,
prisoner plaintiffs cannot exhaust
administrative remedies unless they seek
every possible remedy to their grievances.
Neither objection has merit.
Accordingly, the R&R is adopted as the
opinion of the Court. Defendants’ Motion to
Dismiss is GRANTED in part, DENIED in
part. The claims filed by Plaintiffs Wiegel,
Springer, Porter, Leslie, Kelley, Elliot,
Cloud, Cameron, Brummitt, Wilkerson,
Byrum, Harris, Rucker, Burtts, White,
Jones, Weems, Osborne, and Yearta against
Defendants are DISMISSED without
prejudice. The claims filed by Plaintiffs
Christopher Mabry, Avery Richard, Lanard
Williams, and Cedric Caldwell remain
pending.

BAVANTPDENFIELØ,RIDGE
UNifED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA