Opinion
No. 3:18CV189-GHD-JMV
02-12-2019
WILLIAM NELSON, III PLAINTIFF v. WARDEN LEPHER JENKINS MR. DEAN, CHIEF OF SECURITY SGT. TONYA BOYD, DISCIPLINARY HEARING OFFICER CORRECTIONS OFFICER N. MARION MS. DAVENPORT, DISCIPLINARY INVESTIGATOR HAROLD TATUM DEFENDANTS
JUDGMENT
Having considered the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge was duly served by mail upon the pro se plaintiff at his last known address; that more than fourteen days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The Magistrate Judge's Report and Recommendation should therefore be approved and adopted as the opinion of the court. It is ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge is hereby APPROVED AND ADOPTED as the opinion of the court.
2. That defendants Jenkins, Dean, Davenport, Boyd, and Tatum are DISMISSED from this case for failure to state a constitutional question, as they participated in the events of this case only in their capacities as supervisors or as part of the grievance process.
3. That the plaintiff's claims against defendants Jenkins, Dean, Davenport, Boyd, and Tatum regarding excessive force are DISMISSED for failure to state a claim upon which relief could be granted, as none of these defendants directly participated in the incident.
4. That the plaintiff's claims against defendants Jenkins, Dean, Davenport, Boyd, and Tatum regarding violation of his right to due process are DISMISSED for failure to state a constitutional question, as the punishment the plaintiff received was insufficient to trigger due process protections. 5. That the plaintiff's allegations against CO Marion for excessive force and retaliation shall PROCEED.
SO ORDERED, this, the 12th day of February, 2019.
/s/_________
SENIOR JUDGE