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Merilien v. Hart

United States District Court, M.D. Georgia, Valdosta Division
Aug 31, 2010
Civil Action No. 7:08-CV-149 (HL) (M.D. Ga. Aug. 31, 2010)

Opinion

Civil Action No. 7:08-CV-149 (HL).

August 31, 2010


ORDER


Before the Court is the Recommendation (Doc. 44) entered on August 8, 2010 of United States Magistrate Judge Thomas Q. Langstaff, in which the Magistrate Judge recommends that Defendants' Motion to Dismiss (Doc. 35) be granted and Plaintiff's motion to again amend his complaint (Doc. 42) be dismissed. Plaintiff has filed an objection (Doc. 45). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Plaintiff's objections and has made a de novo determination of the portions of the Recommendation to which he objects.

After careful consideration, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Court adds that Plaintiff's letter to Defendant Hart alerting him to prison gang activity is insufficient to place Defendant Hart on notice that inmate Sims Clendon might attack Plaintiff. Plaintiff has not alleged that inmate Sims Clendon is a member of a prison gang.

Accordingly, the Defendants' motion to dismiss is granted and Plaintiff's motion to amend his complaint is denied.

SO ORDERED.


Summaries of

Merilien v. Hart

United States District Court, M.D. Georgia, Valdosta Division
Aug 31, 2010
Civil Action No. 7:08-CV-149 (HL) (M.D. Ga. Aug. 31, 2010)
Case details for

Merilien v. Hart

Case Details

Full title:JEAN JOCELYN MERILIEN, Plaintiff, v. Warden DARRELL HART, et al.…

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

Date published: Aug 31, 2010

Citations

Civil Action No. 7:08-CV-149 (HL) (M.D. Ga. Aug. 31, 2010)