Opinion
CASE NO. C15-5484 BHS-JRC
02-23-2016
OSSIE LEE SLAUGHTER, Plaintiff, v. PAT GLEBE, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 61), and Plaintiff Ossie Slaughter's ("Slaughter") objections to the R&R (Dkt. 66).
On August 7, 2015, Slaughter filed a prisoner civil rights complaint, alleging claims under the First, Fifth, Eighth, and Fourteenth Amendments. Dkt. 12 at 5-9. Although Slaughter did not file a motion for a preliminary injunction, Slaughter requested a preliminary injunction in his complaint to prevent him from being transferred to another prison. Id. at 8.
On October 8, 2015, Defendants moved to dismiss Slaughter's complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Dkt. 44. On December 9, 2015, Judge Creatura recommended denying Defendants' motion as to Slaughter's First Amendment claim. Dkt. 61 at 14-17. Judge Creatura also recommended granting Defendants' motion with regard to Slaughter's remaining claims, but with leave to amend his Eighth Amendment claim and the personal participation of certain individual defendants. Id. at 7-14. Finally, Judge Creatura recommended denying Slaughter's request for preliminary injunctive relief as moot. Id. at 19-20.
On January 4, 2016, Slaughter filed objections to the R&R. Dkt. 66. On January 21, 2016, Defendants responded. Dkt. 69.
Federal Rule of Civil Procedure 72(b) governs objections to a magistrate judge's recommended disposition. Rule 72(b) provides:
The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.Fed. R. Civ. P. 72(b)(3).
In the R&R, Judge Creatura addressed whether Slaughter adequately stated a claim for relief in his complaint. Although Slaughter objects to the R&R, Slaughter's arguments and supporting exhibits relate to events outside of the operative complaint and the R&R. Slaughter does not address Judge Creatura's analysis and conclusions regarding the allegations in his complaint. As a result, Slaughter's objections do not demonstrate that Judge Creatura's recommendations are in error.
Therefore, the Court having considered the R&R, Slaughter's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) Slaughter is granted leave to amend his Eighth Amendment claim, and to allege facts showing the personal participation of Randy Smith, Matthew Nelson, Charles Jones, Richard Kautz, Josh Brule, William Nelson, Marcia McCormick, Daniel Davis, Lisa Ross, Pam Perdue, Christine McRae, Jeffrey Smith, Kerri McTarsney, and Gregory Jones. Slaughter shall file his amended complaint by March 18, 2016.
Dated this 23rd day of February, 2016.
/s/_________
BENJAMIN H. SETTLE
United States District Judge