WATSON v. HUMPHREY, 5:12-CV-128. (2014)
Court: District Court, M.D. Georgia
Number: infdco20141211963
Visitors: 5
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. 171). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 96) Plaintiff Tremayne Watson's complaint 1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims, 2 and his Fourteenth Amendment procedural due process claim 3 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. 171). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 96) Plaintiff Tremayne Watson's complaint 1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims, 2 and his Fourteenth Amendment procedural due process claim 3 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. 171). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 96) Plaintiff Tremayne Watson's complaint1 because he failed to exhaust his administrative remedies for his Eighth Amendment claims,2 and his Fourteenth Amendment procedural due process claim3 based on being transferred to the Administrative Segregation Unit of the Georgia Diagnostic and Classification Prison fails to state a claim.4 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. 96) is GRANTED and the Plaintiff's complaint is DISMISSED without prejudice.
SO ORDERED.
FootNotes
1. The complaint is filed in Watson v. Humphrey, 5:12-CV-128, 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 Defendants contend the Plaintiff failed to file a single grievance at GDCP regarding conditions of confinement before filing this suit on April 5, 2012. However, the Plaintiff's offender grievance record shows he filed two grievances concerning conditions of confinement at GDCP: a formal grievance on November 4, 2011, that was partially granted and an informal grievance on February 13, 2012, that was resolved. (Doc. 96-4 at 2). Regardless, the Plaintiff has not contested that he failed to exhaust his Eighth Amendment claims, and there is no indication from the offender grievance record that these two grievances involved any of the allegations in the complaint. Thus, the Court is satisfied the Defendants have established that the Plaintiff failed to exhaust his administrative remedies for his Eighth Amendment claims.
3. The complaint also alleges the Plaintiff's "property is consistently confiscated for months at a time without any type of hearing." Watson, 5:12-CV-128, Doc. 1 at 5. 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.).
4. The Magistrate Judge also recommends dismissing the "John/Jane Doe" defendants because the Plaintiff has made no attempt to identify them.
Source: Leagle
