Opinion
Civil Action 6:21-cv-34
01-24-2022
BRENTREZ JARMYKUS MCPHERSON, Plaintiff, v. TIMOTHY C. WARD, et al., Defendants.
ORDER
J. RANDAL HALL, CHIEF JUDGE
Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and Recommendation dated December 20, 2021. Doc. 22. The Magistrate Judge recommended the Court dismiss Plaintiffs claim of deliberate indifference to prisoner safety against Defendants Sumner and others unnamed and Plaintiffs claims against Defendants Ward, Tooles, Shepard, Adams, MacFarland, Brown, Jarriel, Osborn, Jackson, Hartmeyer, Whitfield, Barnes, Hill, Kemp, Bernard, and Biden. Doc. 19 at 1. The Magistrate Judge further recommended the Court deny Plaintiffs Motion for the Court's Protection. Id.
In his Objections, Plaintiff argues the Court should not dismiss the claims against Defendants Adams, Ward, Biden, Bernard, Kemp, Tooles, and Shepard because the exhibits attached to his Complaint show Defendants were subjectively aware of the risks of harm to him because of the inadequate prison staffing. Doc. 22 at 1-2. Plaintiffs Objections are without merit. Liability under 42 U.S.C. § 1983 must "be based on something more than a defendant's supervisory position or a theory of respondeat superior." Harden v. Deal. Civil Action No. 5:17-cv-158, 2018 WL 266788, *3 (S.D. Ga. Jan. 2, 2018). The exhibits Plaintiff cites only show he sent letters about his concerns to various members of State and federal government-he does not present any facts indicating there is a causal connection between Defendants' actions and the violation of Plaintiffs constitutional rights.
After an independent and de novo review of the entire record, the Court OVERRULES Plaintiffs Objections. Doc. 22. The Court CONCURS with the Magistrate Judge's Report and Recommendation and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. Thus, the Court DISMISSES Plaintiffs claim of deliberate indifference to prisoner safety against Defendants Sumner and others unnamed and Plaintiffs claims against Defendants Ward. Tooles. Shepard. Adams, MacFarland. Brown. Jarricl, Osborn, Jackson. Hartmeyer. Whitfield, Barnes, Hill, Kemp, Bernard, and Biden. furthermore. I DENY Plaintiffs Motion for the Court's Protection. Doc. 8. Plaintiffs deliberate indifference to a medical need claims against Defendants Sumner and Epperson remain pending. Doc. 20.
SO ORDERED.