Shaw v. Upton et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
CIVIL ACTION NO.: 6:16-cv-6
STEVE UPTON; WARDEN ROBERT
TOOLE; JOHN PAUL; JANET BREWTON;
ROY SABINE; MILTON SMITH; and LISA
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
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
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.
iTES DISTRICT COURT
)ISTRICT OF GEORGIA
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