Simmons v. Williams et al

Filing 36

ORDER adopting the Magistrate Judge's 9 Report and Recommendation as the opinion of the Court; dismissing Plaintiff's official capacity claims against all Defendants, sexual abuse claims, stand-alone verbal threats claims, substantive du e process claims, and deprivation of property claims, as well as his monetary damages claims pursuant to the RLUIPA, 42 U.S.C. § 2000cc-1, et seq., against Defendants Curtis Whitfield, Johnathan Santiago, Antonio Abalos, and FNU Griffin; denying plaintiff's request for issuance of a preliminary injunction; and ruling that Plaintiff's claims remain pending against the following Defendants: Bynum (procedural due process and retaliation); Whitfield, Abalos, and Santiago (excessive fo rce, 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 religio n claims); Jones (retaliation); and Johnson (excessive force and retaliation). The parties are reminded to follow the directives set forth in the Magistrate Judge's {9] Order dated April 29, 2015. Signed by Judge J. Randal Hall on 7/17/2015. (jah)

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

Plaintiff, an inmate at Smith State Prison in Glennville, Georgia, filed this action pursuant

to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"),

42 U.S.C. § 2000cc-l, et seq. contesting conditions of his confinement. (Doc. 1.) On April 29,

2015, the Magistrate Judge issued a Report and Recommendation ("R&R") after conducting a

frivolity review pursuant to 28 U.S.C. § 1915A. (Doc. 9.) The Magistrate Judge recommended
dismissal of Plaintiffs official capacity claims against all Defendants, sexual abuse claims,
stand-alone verbal threat claims, substantive due process claims, and deprivation of property
claims.

Id

The R&R also recommended dismissal of Plaintiffs monetary damages claim

pursuant to the RLUIPA against Defendants Curtis Whitfield, Johnathon Santiago, Antonio

Abolos, and FNU Griffin. Id. The Magistrate additionally recommended that the Court deny
Plaintiffs request for a preliminary injunction. Id.

The Magistrate Judge instructed Plaintiff to file any objections to the R&R within

fourteen days of the date that the R&R was entered. (IdL at 20-21.) The R&R explained that
failure to file a timely objection will bar any later challenge or review to the factual findings or
legal conclusions of the Magistrate Judge. (IdL (citing 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn,
474 U.S. 140 (1985)).) Plaintiff failed to file any objections to the R&R by the deadline, and the
undersigned adopted the R&R as the opinion of the Court on June 1, 2015. (Doc. 21.)
On June 11, 2015, the Clerk of Court docketed a letter from Plaintiff stating that he
received a copy of the Court's June 1, 2015 Order adopting the R&R but that he never received a
copy of the R&R. (Doc. 25.) Consequently, in an abundance of caution, the Court vacated its
Order adopting the R&R and provided Plaintiff with an additional fourteen days to file any

objections to the R&R. (Doc. 30.) At the Court's direction, the Clerk of Court mailed Plaintiff a
copy of the R&R. Id

Despite having been provided additional time to object to the R&R, Plaintiff has failed to
file any objections. The Court notes that Plaintiff has filed other pleadings in this case including

an Objection to Defendant's Waiver of Reply and a Letter Motion for Copies. (Docs. 34, 35.)
Thus, Plaintiffs failure to object is not due to any inability to receive or file pleadings.
Therefore, after a de novo review of the entire record, and with no objections having been

filed to the Magistrate Judge's April 29, 2015 R&R, the undersigned concurs with the R&R and
adopts it as the Order of the Court.

Plaintiffs official capacity claims against all Defendants,

sexual abuse claims, stand-alone verbal threats claims, substantive due process claims, and

deprivation of property claims, as well as his 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 of

HONORTtiBLE J. RANDAL HALL

UNITEDySTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA