Dodson v. Phillips

Filing 63

ORDER: The Petitioner has not filed any Objections. Regardless, the Court has conducted a de novo review and concludes that the Magistrate Judge's analysis is correct. Accordingly, the Report and Recommendation (Doc. No. 61 ) is APPROVED AND ADOPTED. The Emergency Motion (Doc. No. 54 ) is DENIED WITHOUT PREJUDICE to renewal of the claim in a Section 1983 case. This matter is returned to the Magistrate Judge under the existing referral. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/24/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
BRIAN JERMAINE DODSON,

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Petitioner,
v.
CHERRY LINDAMOOD,
Respondent.

NO. 1:16-cv-00060
CHIEF JUDGE CRENSHAW

ORDER
Before the Court in this habeas corpus case is the Magistrate Judge’s Report and
Recommendations (Doc. No. 61) concerning Petitioner’s Emergency Motion for Immediate
Medical Treatment and Neurological Examination. The Magistrate Judge concludes that, based
upon governing precedent, the Emergency Motion raises an Eighth Amendment/conditions of
confinement constitutional claim that must be brought in a Section 1983 action rather than
ancillary to a habeas corpus claim. (Id. at 2-3.)
The Petitioner has not filed any Objections. Regardless, the Court has conducted a de novo
review and concludes that the Magistrate Judge’s analysis is correct. 1 Accordingly, the Report and
Recommendation (Doc. No. 61) is APPROVED AND ADOPTED. The Emergency Motion (Doc.
No. 54) is DENIED WITHOUT PREJUDICE to renewal of the claim in a Section 1983 case.
This matter is returned to the Magistrate Judge under the existing referral.

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In the Emergency Motion, Petitioner explicitly acknowledges that the Court’s “authority under
42 U.S.C. §1983” could “provide [Petitioner] relief under the circumstances.” (Doc. No. 54 at 7.)

IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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