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James v. Battle

United States District Court, M.D. Georgia, Macon Division
Aug 30, 2010
CIVIL ACTION NO. 5:09-CV-323 (MTT) (M.D. Ga. Aug. 30, 2010)

Opinion

CIVIL ACTION NO. 5:09-CV-323 (MTT).

August 30, 2010


ORDER


This matter is before the Court on the Recommendation to Dismiss (Doc. 58) (the "Recommendation") of United States Magistrate Judge Claude W. Hicks, Jr. The Magistrate Judge, having reviewed Defendants' Motions to Dismiss (Docs. 21 30) (the "Motions"), recommends dismissing the claims against Defendants Ralph Battle, Tim Jones, Renee Murray, Barbara Dalrymple, and Reginald Wilson be dismissed because the Plaintiff failed to establish that the medical treatment he received in prison constituted deliberate indifference of a serious medical need. The Magistrate Judge also recommends dismissing the claims against Nurse Smith and Carol Scott, the remaining Defendants, because the Plaintiff failed to comply with an order to amend his recast complaint to include the specific acts or omissions of Smith and Scott that violated Plaintiff's constitutional rights. The Plaintiff has filed an objection to the Recommendation (Doc. 61). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Plaintiff's Objection and has made a de novo determination of the portions of the Recommendation to which Plaintiff objects.

The Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Motions are GRANTED. Pursuant to the Recommendation, the claims against the remaining Defendants are DISMISSED.

SO ORDERED.


Summaries of

James v. Battle

United States District Court, M.D. Georgia, Macon Division
Aug 30, 2010
CIVIL ACTION NO. 5:09-CV-323 (MTT) (M.D. Ga. Aug. 30, 2010)
Case details for

James v. Battle

Case Details

Full title:NELSON HENRY JAMES, Plaintiff, v. RALPH BATTLE, et. al, Defendants

Court:United States District Court, M.D. Georgia, Macon Division

Date published: Aug 30, 2010

Citations

CIVIL ACTION NO. 5:09-CV-323 (MTT) (M.D. Ga. Aug. 30, 2010)