MOBLEY v. HUMPHREY, 5:12-CV-109. (2014)
Court: District Court, M.D. Georgia
Number: infdco20141211962
Visitors: 14
Filed: Dec. 10, 2014
Latest Update: Dec. 10, 2014
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 170). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 93) Plaintiff Christopher Mobley's complaint 1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims, and his Fourteenth Amendment procedural due process claim 2 based on being transferred to the Administrative Segregation Unit of the Georgia Diagnosti
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 170). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 93) Plaintiff Christopher Mobley's complaint 1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims, and his Fourteenth Amendment procedural due process claim 2 based on being transferred to the Administrative Segregation Unit of the Georgia Diagnostic..
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ORDER
MARC T. TREADWELL, District Judge.
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 170). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 93) Plaintiff Christopher Mobley's complaint1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims, and his Fourteenth Amendment procedural due process claim2 based on being transferred to the Administrative Segregation Unit of the Georgia Diagnostic and Classification Prison fails to state a claim.3 The Plaintiff has not objected to the Recommendation.
The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Defendants' motion to dismiss (Doc. 93) is GRANTED and the Plaintiff's complaint is DISMISSED without prejudice.
SO ORDERED.
FootNotes
1. The complaint is filed in Mobley v. Humphrey, 5:12-CV-109, at Doc. 1. This case, along with several others, was consolidated with Gholston v. Humphrey, 5:12-CV-97, on November 1, 2012. (Doc. 29).
2. The complaint also alleges the Plaintiff's "property is consistently confiscated for months at a time with[out] any type of hearing." Mobley, 5:12-CV-109, Doc. 1 at 6. To the extent the complaint can be read as alleging a separate Fourteenth Amendment claim based on deprivation of personal property, that claim fails because the State of Georgia provides an adequate post-deprivation remedy. See Johnson v. Owens, 2014 WL 6620938, at *3 & n.8 (M.D. Ga.).
3. The Magistrate Judge also recommends dismissing the "John/Jane Doe" defendants because the Plaintiff has made no attempt to identify them.
Source: Leagle
