Daniels v. Allen et al

Filing 24

ORDER granting in part 11 Report and Recommendations and sustains in part Plaintiff's objections regarding claims of deliberate indifference to safety as to his dorm assignment against Defendants Jackson and Hutchinson, and those claims shall proceed. The Court overrules all other portions of Plaintiff's objections and adopts the R&R as amended herein as the Court's opinion. The USMS is directed to serve Defendant Hutchinson with a copy of Plaintiff's 10 Second Amended Complaint, 11 R&R, and this Order. Signed by Chief Judge J. Randal Hall on 03/07/2018. (Attachments: # 1 USM Form-Hutchinson) (jlh)

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

XAVIER DANIELS,
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-45

V.

WARDEN MARTY ALLEN;TREVONZA
BOBBITT; UNIT MANAGER
HUTCHINSON;ROBERT TOOLE;
VALERIE JACKSON;and COUNSELOR
BATEMAN,
Defendants.

ORDER

After an independent and de novo review of the record, the undersigned concurs in part
with the Magistrate Judge's Report and Recommendation, (doc. 11), to which Plaintiff filed

Objections,(doc. 14). Plaintiff contends, among other things, that the Court should not dismiss
his deliberate indifference as to his dorm assignment claims against Defendants Jackson and

Hutchinson.' (Id.) Plaintiff argues that Defendants Jackson and Hutchinson, as Unit Managers,
had the ability to change his dorm assignment but failed to do so. Based on this new
information, the Court will assess the viability of these claims on a more complete record rather
than dismissing the claims at this early stage.

Accordingly, the Court SUSTAINS IN PART Plaintiffs Objections and REJECTS IN
PART the Magistrate Judge's Report and Recommendation. The Court SUSTAINS Plaintiffs

Objections for his claims of deliberate indifference to safety as to his dorm assignment against

' Plaintiff also appears to contest the recommendation that the Court dismiss his claims against
Defendants Hall and Bell. However, the Magistrate Judge correctly rejected those claims in his Report
and Recommendation,and the Court need not repeat that analysis. (Doc. 11, pp. 6-7.)

Defendants Jackson and Hutchinson, and those claims shall proceed. However, the Court

OVERRULES all other portions of Plaintiffs Objections. The Court ADOPTS the Magistrate
Judge's Report and Recommendation, as amended herein, as the opinion ofthe Court.
Therefore, the Court DISMISSES Plaintiffs claims for: monetary damages against

Defendants in their official capacities; deliberate indifference to safety for failure to intervene

against all Defendants; deliberate indifference to safety as to dorm assignment against Defendant
Bateman; deliberate indifference to medical needs claims as to Defendant Toole; due process

claims against all Defendants, and equal protection claims against all Defendants. The Court
further DENIES Plaintiffs claims for preliminary injunctive relief.

However, Plaintiffs

allegations arguably state colorable claims for relief against Defendants Allen, Bobbitt, Toole,
Jackson, and Hutchinson for deliberate indifference to safety as to dorm assignment and against
Defendants Allen, Bobbitt, Jackson, and Bateman for deliberate indifference to medical needs.

Although a stay has been entered in this case, this stay does not affect Defendants' obligation to
respond to the complaint.
The Court DIRECTS the United States Marshal to serve Defendant Hutchinson with a

copy of Plaintiffs Second Amended Complaint, (doc. 10), the Magistrate Judge's Report and
Recommendation,(doc. 11), and this Order.

SO ORDERED,this 7^av ofMarch,2018.

J. RAND?MALL,CHIEF JUDGE
UNITED STATES DISTRICT COURT

ajIHERN DISTRICT OF GEORGIA