United States District Court, Middle District of Georgia, Macon Division
December 10, 2014
DEMETRIUS LEE, Plaintiff,
CARL HUMPHREY, Defendant.
MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT
Before the Court is the Order and Recommendation of Magistrate Judge Stephen Hyles. (Doc. 173). The Magistrate Judge recommends granting the Defendant’s motion to dismiss (Doc. 89) Plaintiff Demetrius Lee’s complaint because the Plaintiff abandoned his Eighth Amendment claims in his motion to amend the complaint filed on March 11, 2013 (Doc. 128) and because his Fourteenth Amendment procedural due process claim based on being transferred to the Special Management Unit (“SMU”) of the Georgia Diagnostic and Classification Prison (“GDCP”) fails to state a claim. The Magistrate Judge granted the Plaintiff’s motion to amend in part, dismissing the Plaintiff’s Eighth Amendment claims per his request, but denied the motion regarding his Fourteenth Amendment claims because the complaint as amended would still be subject to dismissal. 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. 89) is GRANTED and the Plaintiff’s complaint is DISMISSED without prejudice.