Shaw v. State of Georgia et al
Filing
49
ORDER ADOPTING re 31 Report and Recommendations. Plaintiff's objections are sustained. Plaintiff's claims against the State of Georgia are dismissed, without prejudice, and the State of Georgia is dismissed as a named defendant. Plaintiff's First and Eighth Amendment against Defendants Toole, Paul, and Smith in their individual capacities remain pending. Signed by Judge B. Avant Edenfield on 4/1/2015. (loh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
DEXTER SHAW,
Plaintiff,
CIVIL ACTION NO: V614-048
V.
STATE OF GEORGIA; ROBERT
TOOLE; JOHN PAUL; and
MILTON SMITH,
Defendants.
S) 1 0
Presently before the Court are Plaintiff's Objections to the Magistrate Judge's January 7,
2015, Report and Recommendation. (Doc. 34.) As laid out below, in his Objections, Plaintiff
essentially concedes to the dismissal of the claims that the Magistrate recommended be
dismissed. However, Plaintiff requests that these claims be dismissed without prejudice. For the
reasons and in the manner set forth below, the Plaintiff's Objections are SUSTAINED.
Plaintiff, who is currently incarcerated at Valdosta State Prison in Valdosta, Georgia,
filed a cause of action pursuant to 42 U.S.C. § 1983 and the Religious Land Use and
Institutionalized Persons Act ("RLUJPA"), 42 U.S.C. §§ 2000cc, et seq., to contest certain
conditions of his confinement while he was housed at Georgia State Prison in Reidsville,
Georgia. (Doc. 1.) The Magistrate Judge conducted the requisite frivolity review of Plaintiff's
Complaint and recommended Plaintiff's Complaint be dismissed pursuant to 28 U.S.C.
§ 1915(g). (Doc. 5.) Plaintiff filed Objections to the Magistrate Judge's Report, a Motion to
Amend, and an Amended Complaint. The Magistrate Judge granted Plaintiff's Motion to
Amend, recommended the dismissal of certain claims and Defendants, and directed the service
of Plaintiff's Complaint, as amended, upon Defendants Toole, Paul, and Smith. (Docs. 11, 18,
20.) Plaintiff then filed another Motion to Amend. Based on this Motion, the Magistrate Judge:
vacated his previous recommendation; recommended that Plaintiff's § 1983 claims against the
State of Georgia, his monetary damages claims against the individual Defendants in their official
capacities, and his monetary damages claims under the RLUJPA against Defendants be
dismissed; recommended that Plaintiff's motions for temporary restraining order and preliminary
injunction be denied; and ordered service of Plaintiff's Complaint and the amendments thereto
upon Defendants Toole, Paul, Smith, and the State of Georgia. (Docs. 30, 31.)
In his Objections, Plaintiff asserts that he is not suing Defendants in their official
capacities, he did not request injunctive relief, and he did not file suit against the State of
Georgia. (Doc. 34, p. 1.) While the undersigned agrees with the Magistrate Judge's reading of
Plaintiff's Complaint and the amendments to this Complaint, Plaintiff's claims against
Defendants in their official capacities and his claims against the State of Georgia are
DISMISSED, without prejudice, based on Plaintiff's contentions in his Objections.' In addition,
based on Plaintiff's representations in his Objections, Plaintiff's injunctive relief claims,
including his motion for a temporary restraining order and preliminary injunction, (doc. 3), are
DISMISSED and Plaintiff's RLUIPA claims are DISMISSED in their entirety. 2 Finally,
Plaintiff's claims against the State of Georgia for alleged violations of the RLUIPA are also
1
The undersigned concurs with the Magistrate Judge's recommendation that Plaintiff's monetary
damages claims against Defendants in their official capacities and his Section 1983 claims against the
State of Georgia be dismissed. However, the Magistrate Judge's recommendation is that these claims be
dismissed with prejudice. The undersigned makes this distinction solely based on the representations
Plaintiff makes in his Objections.
2
Plaintiff states that he did not seek injunctive relief in his Amended Complaint. The only remaining
relief available on Plaintiff's RLUIPA claims is that for injunctive relief. (Doc. 31, p. 5.) Given
Plaintiff's statement, his RLUIPA claims for relief are due to be dismissed.
2
Li
DISMISSED, without prejudice, and the State of Georgia is DISMISSED as a named
Defendant. Plaintiffs First and Eighth Amendment against Defendants Toole, Paul, and Smith
in their individual capacities remain pending.
SO ORDERED, this
I
day of
Api-i
I
2015.
A ANNFIELD, .JØDGE
UNITED STATES DISTI(CT COURT
SOUTHERN DISTRICT'OF GEORGIA
3
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