Shaw v. Upton et al

Filing 62

ORDER granting 25 Motion to Dismiss; granting 45 Motion to Dismiss; adopting 60 Report and Recommendations. The Court dismisses without prejudice certain claims. The only claims that remain are Plaintiffs: (1) denial of access to court clai ms against Defendants Fountain, Toole, and Smith; (2) claims that Defendants Upton and Toole retaliated against Plaintiff by placing him on long-term disciplinary segregation; and (3) First Amendmentfree exercise of religion claims against all Defendants. Signed by Chief Judge J. Randal Hall on 5/26/17. (cmr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION DEXTER SHAW, Plaintiff, CIVIL ACTION NO.: 6:16-cv-6 v. STEVE UPTON; WARDEN ROBERT TOOLE; JOHN PAUL; JANET BREWTON; ROY SABINE; MILTON SMITH; and LISA FOUNTAIN, 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. 60), to which Plaintiff failed to file Objections.1 Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court GRANTS Defendants' Motions to Dismiss. (Docs. 25, 45.) The Court DISMISSES without prejudice the following claims based on Plaintiffs failure to exhaust his administrative remedies: (1) deliberate indifference to serious medical needs claims against Defendants Sabine, Brewton, and Toole; (2) all retaliation claims except Plaintiffs claim that Defendants Upton and Toole placed him on long-term disciplinary segregation; (3) conspiracy claims against Defendants Fountain, Toole, and Smith; and 1 Plaintiff filed a pleading entitled "Submission of Facts and Evidence to Court Records". (Doc. 61.) Plaintiff complains about the grievance procedures available at Georgia Department of Corrections' facilities and asserts that there is a widespread conspiracy to deny access to these procedures. (Id at pp. 1, 2.) This is an assertion Plaintiffhas advanced on previous occasions—and which this Court has rejected, including in this case. To the extent this pleading can be construed as Objections to the Magistrate Judge's Report and Recommendation, the Court OVERRULES Plaintiffs Objections as unresponsive to the Report and Recommendation. (4) deliberate indifference to medical needs claims, for failure to provide nutrition necessary for healing, against all Defendants. Additionally, the Court DISMISSES as moot any and all claims for injunctive relief, including Plaintiffs Religious Land Use and Institutionalized Persons Act, ("RLUIPA"), 42 U.S.C. § 2000cc-l, et al.9 claims for injunctive relief against all Defendants. The only claims that remain are Plaintiffs: (1) denial of access to court claims against Defendants Fountain, Toole, and Smith; (2) claims that Defendants Upton and Toole retaliated against Plaintiff by placing him on long-term disciplinary segregation; and (3) First Amendment free exercise of religion claims against all Defendants. SO ORDERED, this^^^dav ofMay, 2017. JDGE iTES DISTRICT COURT )ISTRICT OF GEORGIA

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?