United States District Court, M.D. Georgia, Macon Division
ORDER AND REPORT AND RECOMMENDATION
STEPHEN HYLES UNITED STATES MAGISTRATE JUDGE.
pending before the Court is Plaintiff's motions seeking
appointed counsel (ECF No. 24) and disqualification of
opposing counsel (ECF Nos. 36, 47), and Defendants'
motion to dismiss (ECF No. 39) Plaintiff's complaint. For
the reasons explained below, Plaintiff's motions are
denied and it is recommended that Defendants' motion to
dismiss be granted.
complaint, which seeks relief under 42 U.S.C. § 1983,
concerns medical care he has received over the past fourteen
years while confined at various facilities operated by the
Georgia Department of Corrections. Plaintiff states that he
was transferred to Macon State Prison in May 2013. Compl. 5,
ECF No. 1. When he arrived, Plaintiff allegedly told
Defendant Fye that he suffered from Hepatitis B. He further
avers that his prison medical records confirm this diagnosis,
but prison official refuse to treat his condition.
Id. Plaintiff states that as a result he is
“dying of liver failure” and suffers pain and
numbness. According to Plaintiff, he would not now be dying
or in “so much pain” if Defendants provided
Plaintiff proper medical care. Id.
preliminary review, Plaintiff's claims against
“[Georgia Department of Corrections], and [Georgia
Correctional Healthcare]” were dismissed. Order 4, May 29,
2018, ECF No. 15. But, his deliberate indifference claims
(1) Chiquita Fye;
(2) Warden Tony Howerton at Smith State Prison;
(3) Warden Brown at Augusta State Medical Prison;
(4) Warden Hilton Hall at August State Medical Prison;
(5) Warden Stephen Roberts at Washington State Prison;
(6) Warden Randy Tillman at Ware State Prison;
(7) Warden Derrick Schofield at Jackson State Prison; and
(8) Gregory McLaughlin at Macon State Prison
allowed to proceed for further factual development.
Id. at 2-4. Since then, Plaintiff has moved for
appointed counsel (ECF No. 24) and to disqualify opposing
counsel (ECF Nos. 36, 47). Defendants moved to dismiss
Plaintiff's complaint claiming he has failed to state
claims on which relief can be granted, any cognizable claims
are time barred, and Defendants are immune from this suit.
Br. in Supp. of Mot. to Dismiss 2, 4, 6, ECF No. 39-1.