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Johnson v. Humphrey

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

December 10, 2014

REGINALD JOHNSON, Plaintiff,
v.
CARL HUMPHREY, et al., Defendants. No. 5:12-CV-107

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 172). The Magistrate Judge recommends granting the Defendants' motion to dismiss (Doc. 88) Plaintiff Reginald Johnson's complaint[1] because he failed to exhaust his administrative remedies for his Eighth Amendment claims, and his Fourteenth Amendment procedural due process claim[2] based on being transferred to the Administrative Segregation Unit of the Georgia Diagnostic and Classification Prison fails to state a claim.[3] The Magistrate Judge further recommends denying the Plaintiff's motion for a temporary restraining order. (Doc. 15). The Plaintiff has not objected to the Recommendation.[4]

The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Defendants' motion to dismiss (Doc. 88) is GRANTED and the Plaintiff's complaint is DISMISSED without prejudice. The Plaintiff's motion for a temporary restraining order (Doc. 15) is DENIED.

SO ORDERED.


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