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Miller v. Humphrey

United States District Court, Middle District of Georgia, Macon Division

December 10, 2014

JACOREY MILLER, Plaintiff,
v.
CARL HUMPHREY, Defendant.

ORDER

MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 169). The Magistrate Judge recommends granting the Defendant’s motion to dismiss (Doc. 91) Plaintiff Jacorey Miller’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 Plaintiff has not objected to the Recommendation.

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 Defendant’s motion to dismiss (Doc. 91) is GRANTED and the Plaintiff’s complaint is DISMISSED without prejudice.

SO ORDERED.


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