Stephenson v. Georgia Dept of Corr

6:04-cv-00098 | S.D. Ga. | Aug 30, 2005

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISIO N KEVIN LAMAR STEPHENSON , Plaintiff, CIVIL ACTION NO. : CV604-098 vs . Dr. DEGROOT ; Dr. VICKEY McNATT ; LISA WARNOCK, and KAREN RICE ,

Defendants . ORDER After an independent review of the record, the Court concurs with the Report an d Recommendation of the Magistrate Judge, to which Objections have been filed . In his Objections, Plaintiff claims to have been misled by the Georgia Department of Corrections grievance procedures . Plaintiff alleges that the Magistrate Judge's Report and Recommendation expressed prejudice toward him . Plaintiff also alleges Defendants' statement regarding his confinement at Georgia State Prison for medical reasons is a "lie on the part of the Defendants ." (Doc . No. 97, p . 2 . )

Plaintiff fails to provide any evidence supporting his Objections . As the Magistrate Judge noted in his Report, Georgia Department of Corrections has adopted a grievance procedure . Plaintiff did not exhaust his administrative remedies prior to filing this suit as he filed his grievance approximately one month afterfiling his complaint with this Court . In addition, Plaintiffs grievance was solely against Defendants Degroot and Warnock . (Confidential Detainee Grievance attached to Doc . No. 68 .) Plaintiff did not address Defendants McNatt and Rice in this grievance . (Id .) Further, Plaintiff offers no evidence of prejudice by the Magistrate Judge or "lies" by the Defendants .

Defendant McNatt objects to the Magistrate Judge's Report and Recommendation because it does not address her Motion to Dismiss . Defendant McNatt submitted a Motion to Dismiss (Doc . No. 87) on July 18, 2005, several months after co-Defendants Degroot, Rice, and Warnock filed their Motion to Dismiss (Doc . No . 68). Defendant McNatt's Motion to Dismiss will be reviewed during the normal course of the Court's business .

Plaintiffs Objections (Doc . No. 98) are without merit . Defendant McNatt's Objection (Doc. No. 99) is also without merit . The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court . The Motion to Dismiss filed by Defendants Degroot, Rice, and Warnock (Doc . No . 68) is GRANTED . Plaintiffs claims against these are DISMISSED , without prejudice, due to Plaintiffs failure to exhaust his administrative remedies prior to filing his complaint .

SO ORDERED this c7 9 day of , 2005.

B!AVANT EDENFI D, JIJJDGE

UNITED STATES ISTRICT COURT

SOUTHERN DISTRICT OF GEORGI A

2 United

States District Court

Southern

District of Georgia

Kevin L .

Stephenson

CASE NUMBER CV604-09 8

vs Dr . Degroot, et al . STATESBORO

DIVISION

a The undersigned , a regularly appointed and qualified deputy in the office of the Clerk of this district , while conducting the business of the Court for said division , does hereby certify the following :

Pursuant to the instructions from the Court and in the performance of my official 1 . duties, I personally placed in the United States Mail a sealed envelope, and properly addressed to each of the persons, parties or attorneys named below ; an d

2. That the aforementioned enveloped contained a copy of the document dated 8/30/05 , which is part of the official record of this case . 8/30/0 5 Date of Mailing : Date of Certificate © same date, o r

Scott L . Poff, Clerk Name and Addres s De an a L . Simon - Johnson , Cruser & Mitchell , LLP, Peachtree Ridge , 3500 Parkway Lane , STE 750, Norcross , GA 30092 Kevin Stephenson , 850775 , Georgia State Prison , 2164 GA HWY 147, Reidsville , GA 3045 3

Copy placed in Minutes © Copy given to Judge Copy given to Magistrate