Turner v. Dasher et al

Filing 59

ORDER granting 45 Motion to Dismiss and adopting re 53 Report and Recommendations. Signed by Judge B. Avant Edenfield on 10/24/12. (bcw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION MARVIN TURNER, Plaintiff, CIVIL ACTION NO.: CV6II-098 V. DANE DASHER; JOHN PAUL; LARRY BREWTON; KAREN DEKELE; Officer LANE; Officer KING; Officer LILLIARD; Lt. THOMAS; and DON JARRIEL, 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 misconstrued the standard of review applicable to the deliberate indifference to safety claims Plaintiff set forth. Plaintiff also asserts that the Magistrate Judge did not make a proper determination that Defendants had a subjective awareness of a substantial risk of harm to Plaintiffs safety. Plaintiff further asserts that the Magistrate Judge's recommendation is premature because Plaintiff has not had the opportunity to initiate discovery. Plaintiff fails to set forth any facts which would arguably lead to the reasonable inference that Movants are liable for any alleged misconduct. Plaintiffs Objections are without merit. The Magistrate Judge's Report and Recommendation is adopted as the AO 72A (Rev. 8/82) opinion of the Court. Movants' Motion to Dismiss is GRANTED. Plaintiffs claims against Defendants Don Jarriel, Dane Dasher, John Paul, Larry Brewton, Tammie Thomas, and Karen Dekele are DISMISSED. Plaintiff's claims against Lt. Thomas, Correctional Officers Lane and King, and FNU Lilliard shall remain pending. SO ORDERED, this of , 2012. 1. B4'ANFIf" UNITED STATES D RICT COURT SOUTHERN DISTRICT OF GEORGIA AO 72A (Rev. (S2

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