Daniels v. Allen et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS 54 of the U.S. Magistrate Judge as the opinion of the Court. The Court GRANTS in part Defendants Motions to Dismiss, 16 , 29 , and 34 and DISMISSES without prejudice Plaintiff's deliberate indiffer ence to safety in dormitory assignment and serious medical needs claims based on his failure to exhaust his administrative remedies. Defendants Allen, Hutcheson, and Bobbitt are reminded they have twenty-one (21) days from entry of this Order to file an answer or pre-answer motion to dismiss as to Plaintiffs remaining failure to protect claim. Signed by District Judge R. Stan Baker on 1/23/20. (jrb)

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, et al.,
Defendants.

ORDER
This matter comes before the Court on the Magistrate Judge’s January 2, 2020 Report and
Recommendation, (doc. 54). The Magistrate Judge recommended the Court grant Defendants’
Motions to Dismiss and dismiss Plaintiff’s claims of deliberate indifference to safety in dormitory
assignment and as to serious medical needs for failure to exhaust his administrative remedies.
Plaintiff filed Objections to the Report and Recommendation, (doc. 55). Plaintiff’s Objections,
however, are not responsive to the Magistrate Judge’s Report; Plaintiff merely reiterates his
original allegations.
After an independent and de novo review of the record, the Court concurs with the
Magistrate Judge’s Report and Recommendation, (doc. 54).

Accordingly, the Court

OVERRULES Plaintiff’s Objections and ADOPTS the Magistrate Judge’s Report and
Recommendation as the opinion of the Court. The Court GRANTS in part Defendants’ Motions
to Dismiss, (docs. 16, 29, and 34), and DISMISSES without prejudice Plaintiff’s deliberate
indifference to safety in dormitory assignment and serious medical needs claims based on his
failure to exhaust his administrative remedies. Defendants Allen, Hutcheson, and Bobbitt are

reminded they have twenty-one (21) days from entry of this Order to file an answer or pre-answer
motion to dismiss as to Plaintiff’s remaining failure to protect claim.
SO ORDERED, this 23rd day of January, 2020.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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