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Paschal v. Humphrey

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

December 10, 2014

JA’QUEZ PASCHAL, Plaintiff,
v.
CARL HUMPHREY, et al., Defendants.

ORDER

MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 174). The Magistrate Judge recommends granting the Defendants’ motion to dismiss (Doc. 94) Plaintiff Ja’Quez Paschal’s complaint[1] because he failed to exhaust his administrative remedies for all but one of his Eighth Amendment claims, [2] his remaining Eighth Amendment claim based on lack of educational programs fails to state a claim, and his Fourteenth Amendment procedural due process claim[3] based on being transferred to the Administrative Segregation Unit of the Georgia Diagnostic and Classification Prison fails to state a claim.[4] 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 Defendants’ motion to dismiss (Doc. 94) is GRANTED and the Plaintiff’s complaint is DISMISSED without prejudice.

SO ORDERED.


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