Darrough v. Allen, 1:13-CV-57 (WLS)

• Decision Date: 08 October 2013
• Docket Number: 1:13-CV-57 (WLS)
• Parties: WAYNE ALLEN DARROUGH, Plaintiff, v. WARDEN MARTY ALLEN, et. al., Defendants.
• Court: U.S. District Court — Middle District of Georgia

WAYNE ALLEN DARROUGH, Plaintiff, v. WARDEN MARTY ALLEN, et. al., Defendants.

1:13-CV-57 (WLS)

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

October 8, 2013

ORDER

Before the Court is a Recommendation of Dismissal from United States Magistrate Judge Thomas Q. Langstaff, filed April 18, 2013. (Doc. 6.) Plaintiff filed the above-captioned matter pursuant to 42 U.S.C. § 1983. Judge Langstaff recommends that Plaintiff's Complaint (Doc. 1) be permitted to proceed as against all defendants with the exception of the Georgia Department of Corrections, who is not a "person" for the purpose of § 1983. (Doc. 6 at 3-4.) No objections were filed within the fourteen-day period provided pursuant to 28 U.S.C. § 636(b)(1). The objection period expired on May 2, 2013. (See Doc. 6 at 4; Docket).

Upon full review and consideration upon the record, the Court finds that said Recommendation of Dismissal (Doc. 6) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Therefore, Plaintiff's Complaint (Doc. 1) is DISMISSED as against the Georgia Department of Corrections. Plaintiff may proceed with his Complaint against Defendants Warden Marty Allen, Deputy Warden Jerry Jefferson, and Deputy Warden Artis Singleton.

Page 2

SO ORDERED, this 8^th day of October, 2013.

/s/ W. Louis Sands

THE HONORABLE W. LOUIS SANDS,

UNITED STATES DISTRICT COURT