Opinion
CIVIL ACTION NO. 5:12-CV-244 (MTT)
09-24-2012
ROBERT TUCKER, III, Plaintiff, v. Sheriff PEACOCK, et al., Defendants.
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Stephen Hyles. (Doc. 8). The Magistrate Judge recommends dismissal of the Plaintiff's claim for injunctive relief against Defendant Captain Ralph Searcy. Pursuant to a 28 U.S.C. § 1915A review, the Magistrate Judge also recommends dismissing defendants Upson County, Sheriff Peacock, Mayor Kilgore, Dr. Busbee, and the Board of County Commissioners. The Plaintiff has not filed an objection to this Recommendation.
This claim was dismissed as moot because Defendant Searcy is an official at Upson County Jail, and the Plaintiff is no longer incarcerated there. However, the Plaintiff's damages claim against Defendant Searcy will go forward as ordered by the Magistrate Judge.
During the objection period, the Plaintiff did file a motion to amend his complaint. (Doc. 11). However, this is a matter for the Magistrate Judge to address and is not construed by this Court as an objection.
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The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Plaintiff's claim for injunctive relief against Defendant Searcy is dismissed without prejudice. Defendants Upson County, Sheriff Peacock, Mayor Kilgore, Dr. Busbee, and the Board of County Commissioners are dismissed without prejudice. The Plaintiff's damages claim against Defendant Searcy will go forward as ordered by the Magistrate Judge.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT