Byrum et al v. Georgia Department of Corrections et al

Filing 62

ORDER granting in part and denying in part 41 Motion to Dismiss; adopting re 59 Report and Recommendations. The Clerk is directed to terminate the Georgia Department of Corrections. Signed by Judge B. Avant Edenfield on 7/10/12. (bcw)

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

LANARD WILLIAMS; CHRISTOPHER

MABRY; CEDRIC CALDWELL;
and AVERY RICHARD,

CIVIL ACTION NO.: CV611-011

Plaintiffs,
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V.

'nd)

p

GEORGIA DEPARTMENT OF
CORRECTIONS; STEVEN UPTON,
Warden, Georgia State Prison;
WENDELL FOWLER, Deputy
Warden; DANE DASHER, Deputy
Warden; and CHRIS TUCKER,
Correctional Officer,

Cl
CD

C-)

Defendants.

ORDER
After an independent and de novo review, the undersigned concurs with the
Magistrate Judge's Report and Recommendation, to which Objections have been filed.
In their Objections, Defendants state that the Magistrate Judge's recommendation that
Plaintiffs Williams and Caldwell exhausted their administrative remedies and that this
portion of Defendants' Motion should be denied is contrary to the exhaustion
requirements. As the Magistrate Judge noted, an institution's requirements define what
is considered proper exhaustion. The Georgia Department of Corrections' Standard
Operating Procedure ("SOP") encourages the resolution of complaints on an informal
basis. Plaintiffs Williams and Caldwell had their grievance resolved at the informal

AO 72A
(Rev. 8/82)

rn

0

level, and this resolution apparently was satisfactory to them. Plaintiffs Williams and
Caldwell did what was required of them under the applicable SOP.
Defendants also seek clarification regarding the Magistrate Judge's
recommended resolution of Plaintiff's state law tort claims. Though the Magistrate
Judge could have been a little more clear in the body of his Report, the footnote found
on page nine (9) indicates his intention that Plaintiffs' state law tort claims should be
dismissed in their entirety.
The Magistrate Judge's Report and Recommendation is adopted as the opinion
of the Court. Defendants' Motion to Dismiss Plaintiffs' Amended Complaint is
GRANTED in part and DENIED in part. Plaintiffs' state law tort claims against all
Defendants, in any capacity, are DISMISSED. Plaintiffs' claims against the Georgia
Department of Corrections are DISMISSED. The Clerk of Court is directed to terminate
the Georgia Department of Corrections as a named Defendant. Plaintiffs' constitutional
claims for monetary damages against the individually-named Defendants in their
individual capacities shall remain pending.
II'S

SO ORDERED, this /L-' day of

'Li t.

B. AVFP14DENflE
UNITED STATES Dl
SOUTHERN DISTRI

AO 72A
(Rev. 8/82)

2

12012.

,JGE 7
COURT
OF GEORGIA