Opinion
Civil Action 5:23-cv-404 (CAR) (CHW)
02-06-2024
SHAKEEM ANTONIO BROXTON, Plaintiff, v. MACON STATE PRISON, et al., Defendants.
ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT
Currently before the Court is the Order and Recommendation of the United States Magistrate Judge [Doc. 4] recommending to (1) allow Plaintiff's claim against Sergeant Breanna Ingram for deliberate indifference to safety to proceed forward for further factual development; and (2) dismiss without prejudice Plaintiff Broxton's claims against Lieutenant Nicholson and Macon State Prison. Plaintiff filed a Response to the Order and Recommendation [Doc. 5] in which he preemptively moves for default judgment but does not object to the Magistrate's recommendations.
Construing Plaintiff's Response as a Motion for Default Judgment [Doc. 5], it is hereby DENIED as premature. Having considered the Recommendation, the Court agrees with the findings and conclusions of the United States Magistrate Judge. Accordingly, the Order and Recommendation [Doc. 4] is hereby ADOPTED and MADE THE ORDER OF THE COURT. The claims against Lieutenant Nicholson and Macon State Prison are hereby DISMISSED without prejudice. Plaintiff's claim against Sergeant Breanna Ingram for deliberate indifference to safety remains pending.
SO ORDERED