Jenkins v. Shoemaker et al

Filing 14

ORDER adopting 12 Report and Recommendations. Therefore, all claims against defendant Osborne are dismissed. Claims against defendant Shoemaker shall proceed. Signed by Judge J. Randal Hall on 2/3/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

ADRIAN JENKINS,

Plaintiff,

CIVIL ACTION NO.: 6:15-cv-74

LT. SHOEMAKER; and SGT. CORY
OSBORNE,
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. 12), to which Objections have
been filed.

Accordingly, the Report and Recommendation of the Magistrate Judge, as

supplemented herein, is adopted as the opinion of the Court and Plaintiffs Objections, (doc. 13),
are OVERRULED AND SUSTAINED IN PART as explained below.

The Court DISMISSES Plaintiffs claims regarding the taking of his legal materials for
failure to state a claim.

In addition, the Court DISMISSES all claims against Defendant

Osborne and DISMISSES all claims regarding the taking of Plaintiff s gold teeth. The Court

also DISMISSES Plaintiffs claims for preliminary injunctive relief.

However, in his

Objections, Plaintiff represents that he is now housed at Georgia State Prison. Accordingly,
Plaintiffs excessive force claims for permanent injunctive relief against Defendant Shoemaker

are not moot, and those claims will proceed along with Plaintiffs excessive force claims against
Defendant Shoemaker for monetary damages.
SO ORDERED, this

day of February, 2016.

HONORABLE J. RANDAL HALL
UNITELVgTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA