Spires v. Paul et al

Filing 111

ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing case for 106 Report and Recommendations. Signed by Judge B. Avant Edenfield on 11/19/12. (wwp)

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

CURTIS SPIRES, a/k/a,
Jimmie Canupp, Jr.,
Plaintiff,
:

V.

CIVIL ACTION NO.: CV6II-045

LARRY BREWTON and
DOUG WILLIAMS,
Defendants.
ORDER

After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Plaintiff asserts that the Magistrate Judge "has it all
wrong[.J" (Doc. No. 108, p. 1). Plaintiff contends that he was assaulted on August 12,
2010, and was not moved to protective custody until August 18, 2010. Plaintiff states
that he was made to suffer seven (7) "days of torture [at] the hands of an animal." (Ii).
It is clear that the Magistrate Judge recognized that Plaintiff claims involve an alleged
August 12, 2010, assault and that Plaintiff was moved to protective custody on August
18, 2010. (Doc. No. 106, pp. 3-4, 6). To the extent the Magistrate Judge noted that
Plaintiff was moved to protective custody on August 12, 2010, (jg . at p. 1), it appears
that the Magistrate Judge was recounting the allegations Plaintiff made in his original
Complaint. In addition, Plaintiffs first mention of his factual allegation that he was
made to suffer seven (7) days of torture because of inmate Lee was made in his
Objections. The Court generally does not consider matters first raised in a party's

AO 72A
(Rev. 8/82)

objections and will not do so at this time. Williams v. McNeil, 557 F.3d 1287 (11th Cir.
2009). Even if the undersigned were to consider this allegation, Plaintiff has presented
no evidence supporting this allegation or which would create a genuine dispute as to
any fact material to his deliberate indifference claim.
Plaintiff also asserts that he made a typographical error in the declaration dated
August 10, 2011, which should have been dated August 10, 2010. Even considering
this declaration as detailing a conversation Plaintiff and Defendant Brewton may have
had on August 10, 2010, there still is not a genuine dispute as to any fact material to
Plaintiffs deliberate indifference claims. As the Magistrate Judge noted, there is simply
no evidence that Defendant Brewton knew or should have known before Plaintiff was
allegedly assaulted that inmate Lee posed a risk to Plaintiffs health. Rather, Plaintiff
testified during his deposition that he thought he had this conversation with Defendant
Brewton after inmate Lee assaulted him on August 12, 2010. (Doc. No. 94-1, p. 36)
Plaintiffs Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Movants' Motion for Summary
Judgment is GRANTED.
are DISMISSED.

Plaintiffs claims against Defendants Brewton and Williams

As Plaintiff has no remaining claims and there are no Defendants

remaining in this case, the Clerk of Court is directed to enter the appropriate judgment
of dismissal.

SO ORDERED, this L1.dayof

,2012.

B. A
T EDENFIED, JUD E
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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