Spires v. Paul et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 52 Report and Recommendations,, 28 granting in part and denying in part Motion to Dismiss filed by Larry Brewton, Deborah M. King, John Paul, Tammie Thomas, Doug Williams. Defendants Brewton and Williams remain pending in the case.. Signed by Judge B. Avant Edenfield on 11/7/11. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
CURTIS SPIRES,
Plaintiff,
v.

6:11-cv-45

JOHN PAUL, KIM THOMAS, LARRY
BREWTON, TAMMIE THOMAS,
FERRY BRADDY, DOUG WILLIAMS,
Dr. DEAN BROOME; and DEBORAH
M. KING,
Defendants.

against Defendants in their official
capacities are DISMISSED. Spires’s claims
against Defendants John Paul, Kim Thomas,
Tammie Thomas, Ferry Braddy, Dr. Dean
Broome, and Deborah M. King in their
individual capacities are DISMISSED.
Spires’s individual capacity claims against
Defendants Brewton and Williams remain
pending.

This 7th day of November 2011.

S 96L^L ^_/,
' l

R AVANT EDENFIELØ, JUDGE
UNITED STATES DISTRICT COURT

ORDER
Plaintiff Curtis Spires (“Spires”),
currently incarcerated at Georgia State
Prison in Reidsville, Georgia, filed a cause
of action pursuant to 42 U.S.C. § 1983,
alleging violations of the Eighth
Amendment. See Docs. 1; 13. Defendants
filed a “Pre-Answer Motion to Dismiss.”
See Doc. 28.
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. 52, to
which objections have been filed. Spires has
alleged sufficient factual allegations against
Defendants Larry Brewton (“Brewton”) and
Doug Williams (“Williams”) to survive a
motion to dismiss. The objections are
overruled.
Accordingly, the R&R is adopted as the
opinion of the Court. Defendants’ “PreAnswer Motion to Dismiss” is GRANTED
in part, DENIED in part. Spires’s claims

SOUTHERN DISTRICT OF GEORGIA