Porter v. Shumake et al

Filing 30

ORDER adopting re 26 Report and Recommendations. Therefore, dismissing 18 Plaintiffs deliberate indifference to health and safety claims, and dismissing without prejudice Plaintiffs claims for compensatory and punitive damages. However, the Court Denies Defendant's Motion to Dismiss Plaintiffs Eighth Amendment excessive force and failure to intervene claims 13 Motion to Dismiss. Signed by Judge J. Randal Hall on 7/18/16. (cmr)

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

RONTRAVIOUS PORTER,

Plaintiff,

CIVIL ACTION NO.: 6:15-cv-l 13

SGT. RONNIE SHUMAKE; CO II
DOTTSON; CO II SAPP; and CO II
CAMBELL,
Defendant.

ORDER

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

with the Magistrate Judge's Report and Recommendation, (doc. 26), to which no Objections
have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is
adopted as the opinion of the Court.
The Court DISMISSES Plaintiffs deliberate indifference to health and safety claims,

and DISMISSES without prejudice Plaintiffs claims for compensatory and punitive damages.
However, the Court DENIES Defendant's Motion to Dismiss Plaintiffs Eighth Amendment
excessive force and failure to intervene claims.

SO ORDERED, this / <^dav ofJuly, 2016.

HONORABL^J. RXNDAL HALL

UNiTED/STATESTJlSTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA