Johnson v. Benton
This text of Johnson v. Benton (Johnson v. Benton) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
WILLIAM E. JOHNSON,
Plaintiff, CIVIL ACTION NO.: 4:21-cv-47
v.
WARDEN BROOKS L. BENTON, et al.,
Defendants.
O RDER After a careful, de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 19), to which Plaintiff filed objections, (doc. 21). Plaintiff alleges for the first time in his objections that Officer Straton, Unit Manager Love, and ADA Coordinator Worthen were made aware of Plaintiff’s injuries, and his lack of treatment. (Id. at 1-2.) While courts have the discretion to consider novel evidence, factual claims, and legal argument raised for the first time in an objection to an R&R, they are under no obligation to do so. Frone v. JP Morgan Chase & Co., 695 F. App’x 468, 472 (11th Cir. 2017) (concluding district judge has broad discretion in considering argument not presented to magistrate judge); Williams v. McNeil, 557 F.3d 1287, 1292 (11th Cir. 2009) (same). The Court chooses not to consider Plaintiff’s new evidence here because Plaintiff had more than enough time to develop the record. Accordingly, the Court OVERRULES Plaintiff’s objections, ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court, and DISMISSES Defendants Warden C. Betterson, Unit Manager Love, Correctional Officer Stratton, Nurse Jackson, Dr. Cifuentes, Deputy Warden P. Glenn, and Coastal State Prison from this case, DISMISSES Plaintiff's claims for ADA violations, GDOC policy violations, and deliberate indifference be dismissed for failure to state a claim upon which relief may be granted, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENIES Plaintiff leave to appeal in forma pauperis. SO ORDERED, this 26th day of January, 2022. f S pe L yA
R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA
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Johnson v. Benton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-benton-gasd-2022.