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CONNER v. GEO RIVERBEND CORRECTIONAL FACILITY, 5:17-CV-87 (MTT). (2017)

Court: District Court, M.D. Georgia Number: infdco20171212a17 Visitors: 2
Filed: Dec. 11, 2017
Latest Update: Dec. 11, 2017
Summary: ORDER MARC T. TREADWELL , District Judge . Before the Court are two Recommendations from United States Magistrate Judge Thomas Q. Langstaff, one pursuant to a preliminary screening under 28 U.S.C. 1915A(a) and another to dismiss for lack of jurisdiction. Docs. 12; 22. In the screening Order and Recommendation, the Magistrate Judge allowed Plaintiff Roger Conner's deliberate indifference claim against Defendant Bailey to proceed for further factual development and recommended that Plainti
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ORDER

Before the Court are two Recommendations from United States Magistrate Judge Thomas Q. Langstaff, one pursuant to a preliminary screening under 28 U.S.C. § 1915A(a) and another to dismiss for lack of jurisdiction. Docs. 12; 22. In the screening Order and Recommendation, the Magistrate Judge allowed Plaintiff Roger Conner's deliberate indifference claim against Defendant Bailey to proceed for further factual development and recommended that Plaintiff's claims against Defendants Geo Riverbend Correctional Facility and Warden Fredrick Head be dismissed without prejudice. Doc. 12 at 1. Plaintiff did not object to the Recommendation. The Court has reviewed the Recommendation and accepts the findings, conclusions, and recommendations of the Magistrate Judge. Thus, the Recommendation is ADOPTED and made the Order of this Court.

In the second Recommendation, the Magistrate Judge recommends dismissing Plaintiff's request to have his medical file be turned over to the Court, which the Magistrate Judge construes as a petition for a writ of mandamus, because the Court lacks jurisdiction to compel action from state officials. Doc. 22 at 1-2. Plaintiff has not objected to the second Recommendation. The Court has reviewed the Recommendation and accepts the findings, conclusions, and recommendations of the Magistrate Judge. Thus, the Recommendation is ADOPTED and made the Order of this Court.

Accordingly, Plaintiff's deliberate indifference claim against Defendant Bailey may proceed for further factual development and his claims against Defendants Geo Riverbend Correctional Facility and Fredrick Head are DISMISSED without prejudice. Plaintiff's "Motion for the Court to Order Medical File to be Turned Over to the Court" (Doc. 10) is DENIED.

SO ORDERED.

Source:  Leagle

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