Simmons v. Williams et al

Filing 21

ORDER adopting re 9 Report and Recommendations. Therefore, the official capacity claims against defendants Curtis Whitfield, Johnathan Santiago, Antonio Abalos, and FNU Griffin are dismissed. Plaintiff's request for the issuance of a preliminary injunction is denied at this time. The remaining claims will move forward and the parties are reminded to follow the directives set forth in the Magistrate's Order dated April 29, 2015. Signed by Judge J. Randal Hall on 6/1/15. (cmr)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

ANTONIO SIMMONS,
Plaintiff,

CIVIL ACTION NO.: CV614-111

STANLEY WILLIAMS, Warden; JAMES

DEAL, Deputy Warden of Security; WAYNE
JOHNSON, Deputy Warden of Care and
Treatment; ERIC SMOKES, Unit Manager;
JOHNNY DAVIS, Lieutenant; RONNIE
BYNUM, Lieutenant and DHO; CURTIS

WHITFIELD, Sergeant of CERT Team;
ANTONIO ABALOS, CO. II of CERT Team;
JOHNATHAN SANTIAGO, CO. II of CERT
Team; ZECHARIAH JONES, CO. II of
CERT Team; GRIFFIN, CO. II of CERT
Team; and ANDREW MCFARLANE,
Captain,
Defendants.

ORDER

After an independent and de novo review of the entire record, the undersigned concurs

with the Magistrate Judge's Report and Recommendation, (doc. 9), to which no Objections have
been filed. Plaintiffs official capacity claims againstall Defendants, sexual abuse claims, stand
alone verbal threats claims, substantive due process claims, deprivation of property claim, and

monetary damages claims pursuant to the Religious Land Use and Institutionalized Persons Act

("RLUIPA"), 42 U.S.C. § 2000cc-l, et seq., against Defendants Curtis Whitfield, Johnathan

Santiago, Antonio Abalos, and FNU Griffin are DISMISSED. Plaintiffs request for the
issuance of a preliminary injunction is DENIED at this time. Plaintiffs claims remain pending

against the following Defendants: Bynum (procedural due process and retaliation); Whitfield,

Abalos, and Santiago (excessive force, deliberate indifference, retaliation, religion claims, and
Fourth Amendment); Williams, Deal, McFarlane, and Smokes (excessive force, deliberate

indifference), Griffin (deliberate indifference and religion claims); Davis (retaliation and religion
claims); Jones (retaliation); and Johnson (excessive force and retaliation).

The parties are reminded to follow the directives set forth in the Magistrate Judge's Order
dated April 29, 2015. (Doc. 9.)

SO ORDERED, this /^day ofJune, 2015.

HONO

ITED/STATES DISTRICT JUDGE
THE]RN DISTRICT OF GEORGIA