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Diamond v. Allen

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

November 17, 2014

ASHLEY ALTON DIAMOND, Plaintiff,
v.
MARTY ALLEN, et al., Defendants.

ORDER

HUGH LAWSON, Senior District Judge.

This case is before the Court on a Recommendation from United States Magistrate Judge Thomas Q. Langstaff (Doc. 12). Judge Langstaff recommends that Plaintiff be permitted to pursue his Eighth Amendment claims against Warden Marty Allen and Director Dave McCracken. It is recommended that all other claims and parties be dismissed.

Plaintiff filed no objections to the Recommendation. The Court reviewed the Recommendation and finds no clear error in the Magistrate Judge's decision. Accordingly, the Court accepts and adopts the Recommendation. Petitioner may move forward with his Eighth Amendment claims against Warden Marty Allen and Director Dave McCracken. Petitioner's remaining claims asserting violations of equal protection, the Americans with Disabilities Acts (ADA) and the Prison Rape Elimination Act of 2003 (PREA) and all other Defendants are dismissed without prejudice.

SO ORDERED.


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