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Clark v. Fye

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

February 4, 2019

ROBERT L CLARK, Plaintiff,
v.
CHIQUITA A FYE, et al., Defendants.

          ORDER AND REPORT AND RECOMMENDATION

          STEPHEN HYLES UNITED STATES MAGISTRATE JUDGE.

         Presently 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.

         BACKGROUND

         Plaintiff's 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.

         Following preliminary review, Plaintiff's claims against “[Georgia Department of Corrections], and [Georgia Correctional Healthcare]” were dismissed.[1] Order 4, May 29, 2018, ECF No. 15. But, his deliberate indifference claims against:

(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

         were 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.

         DISCUSSION

         I. ...


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