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Price v. Georgia Department of Corrections

United States District Court, M.D. Georgia, Macon Division

April 18, 2017

ARTTIE PRICE, Plaintiff,
v.
GEORGIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

          ORDER

          MARC T. TREADWELL, JUDGE

         Price, a pro se prisoner, seeks relief against the Georgia Department of Corrections and employees of Wilcox State Prison: Antoine G. Caldwell, James C. Spann, Monica Wynn, and Jacqueline Ellis. Doc. 1 at 4; Docs. 11, 15-18. On screening under 28 U.S.C. § 1915A, [1] Magistrate Judge Charles Weigle identified the following claims under 42 U.S.C. § 1983:

. A due process claim against the Defendants for wrongfully classifying him as a sex offender;
. A wrongful-detention damages claim against the Defendants for failing to credit him with earned release credits (PIC credits);
. A First Amendment claim that the Defendants' failure to credit his earned release credits was in retaliation of protected conduct-his filing several civil actions against Caldwell;
. An access-to-court claim against the Defendants for failure to timely forward legal mail sent to him at Wilcox State Prison immediately following his transfer to his current place of confinement-Rutledge State Prison-thereby preventing him from obtaining needed discovery in his prosecution of a pending case in the Northern District of Georgia; and
. State law claims against the Defendants for intentional infliction of emotional distress and false imprisonment.

         As to these claims, the Magistrate Judge recommends that the Court:

. Dismiss all claims against Georgia Department of Corrections (GDC) because GDC is immune from suit under sovereign immunity and the Eleventh Amendment;
. Allow the sex-offender-classification due process claims to proceed against Caldwell, Spann, Wynn, and Ellis (the “Prison Officials”);
. Dismiss the wrongful-detention damages claims because Price has not yet successfully challenged the propriety of his confinement in a habeas action;
. Allow a First Amendment retaliation claim to proceed against Warden Caldwell, but not Spann, Wynn, and Ellis, because Price has not alleged any protected activities against them or their role in his transfer;
. Dismiss the access-to-court claims because Price did not show that his pending Northern District action was nonfrivolous or that his inability to seek further discovery injured his prosecution of that action; and
. Allow the state law claims to proceed, noting the potential that these claims may be subject to dismissal on jurisdictional grounds should the Court dismiss ...

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