HUGGINS v. OWENS, 5:11-cv-117 (MTT). (2012)
Court: District Court, M.D. Georgia
Number: infdco20120313824
Visitors: 29
Filed: Mar. 12, 2012
Latest Update: Mar. 12, 2012
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 40). The Magistrate Judge, having reviewed Defendants Brian Owens, James Donald, and David Frazier's Motion to Dismiss, recommends GRANTING the Motion. With regard to the Plaintiff's deliberate indifference to medical needs claim against Defendants Owens, Donald, and Frazier, the Recommendation concludes that the Plaintiff fails to allege
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 40). The Magistrate Judge, having reviewed Defendants Brian Owens, James Donald, and David Frazier's Motion to Dismiss, recommends GRANTING the Motion. With regard to the Plaintiff's deliberate indifference to medical needs claim against Defendants Owens, Donald, and Frazier, the Recommendation concludes that the Plaintiff fails to allege f..
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ORDER
MARC T. TREADWELL, District Judge.
This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 40). The Magistrate Judge, having reviewed Defendants Brian Owens, James Donald, and David Frazier's Motion to Dismiss, recommends GRANTING the Motion. With regard to the Plaintiff's deliberate indifference to medical needs claim against Defendants Owens, Donald, and Frazier, the Recommendation concludes that the Plaintiff fails to allege facts sufficient to support the claim against those Defendants.1 With regard to the Plaintiff's cruel and unusual punishment claim against Defendants Owen and Donald, the Recommendation concludes that the Plaintiff failed to establish that the Defendants were "deliberately indifferent to inmates' health and safety by implementing the policy of triple-bunking." (Doc. 40 at 7).
The Court granted the Plaintiff an extension of time to file an objection to the Recommendation. (Doc. 41). However, the Plaintiff failed to file an objection by the extended deadline. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Motion to Dismiss is GRANTED, and Defendants Brian Owens, James Donald, and David Frazier are DISMISSED as parties to this action. (Doc. 23).
SO ORDERED.
FootNotes
1. The deliberate indifference to medical needs claim is the only claim alleged against Defendant David Frazier.
Source: Leagle
