TERRELL v. SEALS

CourtDistrict Court, M.D. Georgia
DecidedAugust 4, 2025
Docket5:24-cv-00295
StatusUnknown

This text of TERRELL v. SEALS (TERRELL v. SEALS) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TERRELL v. SEALS, (M.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

MARCUS ANTHONY TERRELL, ) ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:24-CV-295 (MTT) ) WARDEN SEALS, et al., ) ) ) Defendants. ) )

ORDER Pursuant to 28 U.S.C. § 1915A, United States Magistrate Judge Charles H. Weigle recommends that Plaintiff Marcus Terrell’s claims against Augusta State Prison Warden Edward Philbin, Deputy Warden Harmon, CERT Sergeant Smith, and the Augusta State Prison Medical Director relating to his treatment at Augusta State Medical Prison be SEVERED from his remaining claims1 and TRANSFERRED to the Southern District of Georgia. Doc. 9. The Magistrate Judge further recommends that Terrell’s claims against Warden Seals, Jane Doe Medical Director, Lieutenant Colbin, Lieutenant Fudge, and the Georgia Department of Corrections Risk Management Division be DISMISSED WITHOUT PREJUDICE and that Terrell’s motion for a temporary restraining order (Doc. 5) be DENIED. Id. Terrell objected, so pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the Recommendation de novo. Doc. 12.

1 Pursuant to the Magistrate Judge’s Order, Terrell’s remaining claims against Defendants CERT Officers Lucas and Paul are proceeding for further factual development. Doc. 9 at 13-14. I. DISCUSSION A. Terrell’s Objection First, Terrell challenges the Magistrate Judge’s determination that his claims against Lieutenant Colbin should be dismissed without prejudice for improper joinder.

Doc. 12 at 1. Specifically, he argues that Lieutenant Colbin’s conduct is part of a “campaign of harassment” and common scheme within the GDC to target him based on his sexual abuse conviction. Id. at 1-3. But the Eleventh Circuit has held that more than just a minimal connection between a series of different transactions or occurrences must exist before joinder is proper. Skillern v. Ga. Dep't of Corr. Comm'r, 379 F. App'x 859, 860 (11th Cir. 2010) (per curiam). Terrell has not pleaded facts sufficient to establish that his claims against Defendants Lucas and Paul are logically related his claims against Lieutenant Colbin because his allegations arise from separate incidents occurring on different dates, and Terrell’s statement in his objection that that each incident was rooted in a GDC “‘policy’ of retaliation and discrimination” (Doc. 12 at 1) is

not enough to show a logical relationship for purposes of Rule 20. See Horry v. Triplett, 2023 U.S. Dist. LEXIS 167722 at *8, 2023 WL 6142355 (M.D. Ga. Sept. 20, 2023) (“[A] relationship between claims must be demonstrated by more than just a general, conclusory assertion of an overarching conspiracy or retaliatory motive among all defendants; the connection must be factually supported in the complaint.”). Terrell also objects to the Magistrate Judge’s conclusion that he failed to state a claim for deliberate indifference to a serious medical need against Warden Seals and Jane Doe Medical Director. Doc. 12 at 5-6. With his objection, Terrell filed medical request forms, a grievance, and grievance responses showing his attempts to get treatment for various medical issues. Docs. 12-1; 12-2; 12-3; 12-4; 12-5; 12-6; 12-7. Upon review, the Court finds that nothing in the documents undermines the Magistrate Judge’s correct determination that even if Terrell alleged sufficient facts to establish that he had a serious medical need at Dooly State Prison, his “allegations that the Warden

and Medical Director denied him medical and dental care are purely conclusory.” Doc. 9 at 12. Terrell insists in his objection that his exhaustion of the grievance process should serve as sufficient notice to Warden Seals and the Medical Director of his serious medical need (Doc. 12 at 5), but Terrell does not allege that these defendants reviewed any requests or grievances related to his medical need. The complaint wholly lacks allegations showing that these defendants were aware of Terrell’s particular medical need, “much less that they were deliberately indifferent to such need.” Doc. 9 at 12. B. Motion to Appoint Counsel After objecting to the Magistrate Judge’s Recommendation, Terrell moved to

appoint counsel. Doc. 13. He asserts that he is unable to afford counsel, suffers from mental health challenges, and is limited in his ability to investigate and conduct legal research due to his fear of the Defendants. Id. As this is Terrell’s first request for counsel in this case, the Court advises Terrell that “[a]ppointment of counsel in a civil case is not a constitutional right.” Wahl v McIver, 773 F.2d 1169, 1174 (11th Cir. 1986). Appointment of counsel is a privilege that is justified only by exceptional circumstances. Id. In deciding whether legal counsel should be provided, the Court considers, among other factors, the merits of Terrell's claim and the complexity of the issues presented. Holt v. Ford, 862 F.2d 850, 853 (11th Cir. 1989). In accordance with Holt, and upon a review of the record in this case, the Court notes that Terrell has set forth the essential factual allegations underlying his claims, and that the applicable legal doctrines are readily apparent. As such, Terrell’s motion for appointment of counsel (Doc. 13) is DENIED.

C. Motion for Extension of Time to Make Service and for the Court to Order Service

Terrell filed a motion seeking an extension of time to file a motion showing that he is financially unable to arrange for service on Defendants Lucas and Paul due to difficulties obtaining a certified copy of his trust fund account statement for the previous six-month period. Doc. 14. He later filed a “motion for indigent summons,” a sworn declaration explaining his financial inability to arrange for service, and a copy of his trust fund account statement. Docs. 17 at 8-12; 18. Service was due on July 28, 2025. The Court construes Terrell’s requests (Doc. 14) as motions for extension of time to make service and for the Court to order that service be made by a United States marshal or deputy marshal. Although Terrell is not proceeding in forma pauperis, he may request the Court to order the United States marshal to serve process. Fed. R. Civ. P. 4(c)(3) (“At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court.”); Fed. R. Civ. P. 4(c)(3) advisory committee note to 1993 amendment (“The court also retains discretion to appoint a process server on motion of a party.”). According to Rule 4(c)(3), the Court’s decision to have the marshal serve process is discretionary. Harpo v. Intermark Mgmt. Corp., No. CV121-087, 2022 WL 1025193, at *1 (S.D. Ga. Apr. 6, 2022) (citation omitted). “[T]he Court is required to determine whether Plaintiff has exhausted other reasonable means of effecting service privately before directing the marshal to effect service.” Id. (citation omitted); Shaw v. Hall, 5:12-cv-135-CAR-MSH, 2013 WL 5571235 at *13 (M.D. Ga. Oct. 9, 2013). Terrell states that he “is not allowed to make copies of the complaint” and does not know “the whereabouts of [Defendant] Lucas.” Doc. 17 at

8. The Court also considers the length of time the case has been pending.

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Bluebook (online)
TERRELL v. SEALS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrell-v-seals-gamd-2025.