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Murphy v. Warren

United States District Court, N.D. Georgia, Atlanta Division

January 27, 2015

MARQUISE J. MURPHY, Plaintiff,
v.
NEIL WARREN, et al., Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, JR., District Judge.

This matter is before the Court on Magistrate Judge Justin S. Anand's Final Report and Recommendation ("R&R") [39], which recommends granting both Dr. Clarence Hendrix, M.D.'s ("Hendrix") Motion to Dismiss [25] and Sheriff Neil Warren, Deputy Chief Milton Beck, and Lt. Colonel Janet Prince's (the "CCSO Defendants")[1] Motion to Dismiss [26].

I. BACKGROUND

On September 21, 2012, Plaintiff Marquise J. Murphy ("Plaintiff"), a prisoner at the Cobb County Adult Detention Center ("CCADC") in Marietta, Georgia, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Hendrix[2] and the CCSO Defendants.[3] He alleges deliberate indifference to a serious medical condition resulting from an injury to his back. (Compl. at 4-5).

The Complaint does not allege any factual allegations or legal claims against the CCSO Defendants. The CCSO Defendants are listed as defendants only in the caption of the Complaint.

Plaintiff alleges in his Complaint and Amended Complaint that a "[p]hysician [a]ssistant, " "Cobb County Medical employee's, [sic]" and Cobb County "facility doctors" deprived him of his constitutional right to medical care for an injury he suffered, on May 1, 2012, from a "life threatening accident." (Id.). Plaintiff alleges that, as a result of his accident, he continues to suffer "devastating pain in [his] upper and lower back." (Id. at 4). Following this accident, Plaintiff was "rushed to Kennestone Hospital where [he] was checked by a doctor and later released, with a prescription." (Id.). After the hospital visit, Plaintiff "attended physical therapy, [sic] and was prescribed proper medicine that was a constant help toward the pain." (Id.).

On July 8, 2012, Plaintiff was arrested and detained at CCADC on unspecified charges. (Id.). Upon his arrival, Plaintiff "confirmed to facility doctors actual problems that caused pain in [his] upper and lower back." (Id.). At CCADC, Plaintiff claims "[a] physician assistant prescribed [him] Tylenol which was unprofessional." (Id. at 5). Plaintiff contends that "Cobb County Medical is suppost [sic] to prefer [sic] [him] to a certified doctor which didn't happen." (Id.). Plaintiff alleges that he is "constantly grieving, completing medical request forms, and noyone [sic] is acknowledging [his] pain and suffering." (Id.). Plaintiff alleges further that "[t]he neglect and abandonment of Cobb County Medical employees, caused and is still causing constant pain and suffering... in [his] upper and lower back, " "mental anguish, " "stress, " and "loss of sleep." (Id.).

On June 6, 2014, Hendrix filed his Motion to Dismiss [25], and, on June 24, 2014, the CCSO Defendants filed their Motion to Dismiss [26] (collectively, the "Motions").

On July 31, 2014, Plaintiff filed a Motion for Extension of Time [29] to respond to the Motions. On September 26, 2014, the Magistrate Judge ordered [37] Plaintiff to file his response to the Motions within thirty (30) days. Plaintiff did not file a response to the Motions, and the Motions are deemed unopposed. See LR 7.1B, NDGa. ("Failure to file a response shall indicate that there is no opposition to the motion."). On November 12, 2014, the Magistrate Judge issued his R&R, recommending that the Motions be granted. Plaintiff did not file objections to the R&R.

II. DISCUSSION

A. Legal Standard

1. Review of a Magistrate Judge's R&R

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1) (Supp. IV 2010); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982) (per curiam). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). With respect to those findings and recommendations to which objections have not been asserted, the ...


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