United States District Court, S.D. Georgia, Dublin Division
April 20, 2015
JOHNNIE SHAFFER, JR., Plaintiff,
LT. KYLE MADDOX, CO I, and, JOHN CREAMER, E-2 Floor Officer, CO I, Defendants.
DUDLEY H. BOWEN, District Judge.
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed (doc. no. 37). The Magistrate Judge recommended dismissing Plaintiff's deliberate indifference claim and allowing to continue only the excessive force claims against both Defendants. (See doc. no. 35.) The Magistrate Judge found Plaintiff did not exhaust his administrative remedies as to the deliberate indifference claim because the grievance dated March 15, 2014 does not mention or complain about the alleged denial of medical treatment after the use of force. (Id. at 7.) In his objections, Plaintiff complains that Georgia Department of Corrections' Standard Operating Procedure ("SOP") IIB05-0001 prohibits filing a grievance dealing with more than one issue, and therefore the grievance procedure was not available to him to exhaust a use of force and deliberate indifference claim. (See doc. no. 37.)
Plaintiff's objections ignore that Defendants produced documentation of Plaintiffs grievance history showing that he had no other grievance pending at the time he filed the grievance concerning the events of March 15, 2014. (Doc. no. 35, p. 7 (citing Clemons Aff., Ex. 3, p. 1).) Thus, he could have filed one grievance for the use of force and one grievance for the denial of medical treatment and not run afoul of the rule allowing only two active grievances. See SOP IIB05-0001 § VI(B)(5). Plaintiff also fails to show that he actually tried to file a grievance addressing the alleged denial of medical treatment.
Accordingly, the Court OVERRULES Plaintiff's objections and ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion. The Court GRANTS Defendants' motion to dismiss (doc. no. 27) and DISMISSES the deliberate indifference claim, as well as the official capacity claims for monetary relief and all injunctive relief claims. This case shall continue against Defendants Maddox and Creamer only as to the individual capacity Eighth Amendment claim for monetary damages based on the alleged use of excessive force. Within seven days of the date of this Order, Defendants must file an answer to this remaining claim, and the stay of discovery entered in this case on January 22, 2015, (doc. no. 31), shall be lifted.