Opinion
CIVIL ACTION NO. 5:12-CV-472 (MTT)
02-05-2013
HARRY LEE BOGGS, JR., Plaintiff, v. MEDICAL DEPARTMENT, et al., Defendants.
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 6). The Magistrate Judge, having reviewed the Complaint pursuant to 28 U.S.C. § 1915A, recommends dismissing Defendant Medical Department because it is not an entity that can be sued under § 1983. The Magistrate Judge also recommends dismissing Defendants Major Jackson, Lt. McArmurey, Deputy Williams, and Deputy Deney because the Plaintiff's Complaint does not include allegations connecting these Defendants to the alleged constitutional violations. To the extent the Plaintiff has attempted to allege an Eighth Amendment conditions of confinement claim, the Magistrate Judge recommends dismissing this claim because the Plaintiff has not attached any defendant to this claim. The Plaintiff did not file an objection to the Recommendation.
The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge, and the Recommendation is adopted and made the order of this Court. Defendants Medical Department, Major Jackson, Lt. McArmurey, Deputy Williams, and Deputy Deney are DISMISSED as parties to this action. The Plaintiff's Eighth Amendment conditions of confinement claim is DISMISSED without prejudice. The Plaintiff's claims against the remaining Defendants shall go forward.
________________________
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT