Smith v. Woods et al

Filing 12

ORDER adopting 9 Report and Recommendations. The Court dismisses Plaintiff's request for damages due to lack of medical treatment, Plaintiff's request for monetary damages against Defendant Talmage in his official capacity, and Plaintif f's claims against Defendant Woods entirely. The Court denies Plaintiff leave to appeal in forma pauperis as to these claims. Plaintiff's excessive force claim against Defendant Talmage remains pending. Signed by Chief Judge J. Randal Hall on 10/11/2019. (thb)

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

TOBIAS SMITH,
CIVIL ACTION NO.: 6:18-cv-.64

Plaintiff,

SGT. SHADDRICK WOODS;and OFFICER
TALMAGE,
Defendants.

ORDER

After an independent and de novo review ofthe entire record,the undersigned concurs with
the Magistrate Judge's Report and Recommendation, doc. 9. Plaintiff did not file Objections to
the Report and Recommendation.

Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as
the opinion of the Court. The Court DISMISSES Plaintiffs request for damages due to lack of
medical treatment. Plaintiffs request for monetary damages against Defendant Talmage in his
official capacity, and Plaintiffs claims against Defendant Woods entirely. The Court DENIES
Plaintiff leave to appeal in forma pauperis as to these claims. Plaintiffs excessive force claim
against Defendant Talmage remains pending.

SO ORDERED,this //^dav of October, 2019.

J. RANDAtTJALL,CHIEF JUDGE

UNITEl^TATES DISTRICT COURT
[ERN DISTRICT OF GEORGIA