Bacon v. Anderson et al

Filing 20

ORDER dismissing this complaint without prejudice. Signed by Judge B. Avant Edenfield on 5/10/2012. (loh)

cj
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIfO? ti'V I P1 3 +5
STATESBORO DIVISION

FRANKLIN LAMAR BACON,
a/k/a Franklin Lamar Wilkerson,
Plaintiff,
V.

CIVIL ACTION NO.: CV612-001

LYNN ANDERSON; Officer MARCO;
Sgt. TREMBLE; Sgt. JEFF WHITE;
JEFF THOMPSON; Mrs. FORMAND;
Ms. RONDA; Cpl. AKINS; Ms.
HOLLOWAY; Officer STANN;
Officer RANDY; CHRIS WILLS;
Officer CORI; Sgt. KIRKLAND;
ADAM; DILLEN; PARKER;
MORGAN; ANDRE; and
Officer STEVE,
Defendants
ORDER
Plaintiff Franklin Lamar Bacon a.k.a. Franklin Lamar Wilkerson ("Plaintiff"), an
inmate currently incarcerated at Wilcox State Prison in Abbeville, Georgia, filed a cause
of action pursuant to 42 U.S.C. § 1983, contesting certain conditions of his confinement
at the Bulloch County Sheriff's Department. By Order dated February 7, 2012,
Magistrate Judge Graham informed Plaintiff that his claims were unrelated and
instructed Plaintiff to advise the Court as to which claim or related claims against which
Defendant(s) he wishes to pursue in this action.

AO 72A
(Rev. 8/82)

Plaintiff responded to the Magistrate Judge's February 7, 2012, Order. Plaintiffs
Response suffered from the same defect as his original Complaint. By Order dated
February 29, 2012, the Magistrate Judge again directed Plaintiff to advise the Court as
to which claim or related claims against which Defendant(s) he wishes to pursue.
Following an extension of time, Plaintiff has now filed two Responses to the
Magistrate Judge's February 29, 2012, Order.' In his first Response, (Doc. Nos. 16 and
17), Plaintiff states that he wants to pursue the following claims: intentional interference
with medical treatment once prescribed, deliberate indifference, starvation, intentional
denial/delay of medical treatment, and tampering with medication before giving it to
Plaintiff. Plaintiff seeks to retain the following Defendants: Lynn Anderson, Officer
Marco, Sergeant Tremble, Jeff Thompson, Ms. Ronda, Corporal Cori Akins, Ms.
Holloway, Officer Con, Sergeant Kirkland, Adam, Dillen, Parker, Morgan, Andre, and
Officer Steve.
In his second Response, (Doc. No. 19), Plaintiff again alleges that he was
starved and denied medical treatment. Plaintiff also alleges that he was served cold
food, which resulted in constipation and hemorrhoids. Additionally, Plaintiff re-alleges
that his prescribed medical treatment was interfered with; he alleges that the cause of
this interference was racial discrimination. Plaintiff also avers that Officer Morgan, who
is not a named defendant, refused to give him a double portion of food; Plaintiff alleges
that racial discrimination was the cause of Officer Morgan's denial. Plaintiff summarizes
this document by stating he wants to pursue all health care claims.
Plaintiff still fails to show a logical relationship between his many claims. Plaintiff
has yet to properly comply with the Magistrate Judge's Orders instructing him to advise
'The first Response was docketed as a Motion to Amend Plaintiffs Complaint and as a Response.
AO 72A
(Rev. 8/82)

the Court as to which related claims, claims that "arise[ ] out of the same transaction,
occurrence, or series of transactions or occurrences," FED. R. Civ. P. 20(a), he wishes to
pursue. As a result, Plaintiffs Complaint is DISMISSED, without prejudice. The Clerk
of Court is directed to enter the appropriate judgment of dismi al.
SO ORDERED, this

Aay of
''

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(I

, 2012.

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T. AVA EDENFIELD, 4LIDG
UNITED STATES DISTPi)tT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)