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16-532 - BIGGERS v. DAVIS et al


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16-532 - BIGGERS v. DAVIS et al
March 1, 2017
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REPORT AND RECOMMENDATION re 1 Complaint filed by TERENCE BIGGERS, JR.; ORDER granting 2 MOTION for Leave to Proceed in forma pauperis; ORDER Directing Service as to Plaintiffs Eighth Amendment claims against Defendants Williams, Brooks, Billingsley, Wooten, Ryan, Phillips, Saidi, Crawford, Robinson, and Lawrence. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 2/28/2017. (ggs) (Main Document 6 replaced on 3/1/2017) (ggs).
May 15, 2017
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ORDER ADOPTING as modified 6 Report and Recommendations. The Plaintiff's Fourth Amendment claims against Defendants Sheriff Davis, Captain Boatwright, and the Bibb LEC are DISMISSED without prejudice. The Plaintiff's Eighth Amendment claims against Defendants Trinity Food Services and Alfred Haugabrook are DISMISSED without prejudice. Meanwhile, the Plaintiff's Eighth Amendment claims against Defendants Williams, Brooks, Billingsley, Wooten, Phillips, Saidi, Crawford, Robinson, and Lawrence are allowed to proceed for further factual development. Additionally, the Plaintiff's motion to amend is GRANTED in part and DENIED in part and his Eighth Amendment claims against Defendants Officer Stubbs, Officer Smith, Officer Crumpler, Officer Jones, Officer P. Richard, Officer Collins, Officer Denny, Officer Brinson, Officer Johnson, Officer Maze, Officer Callaway, and Officer Davis are also allowed to proceed. Also, the Plaintiff's First Amendment retaliation claims against Defendants Williams and Robinson are allowed to proceed. Finally the Plaintiff's motions for injunctive relief and appointment of counsel are DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/15/2017. (tlh)