Wise et al v. Cronic et al, No. 2:2012cv00291 - Document 32 (N.D. Ga. 2013)

Court Description: ORDER adopting the Magistrate Judge's 30 Report and Recommendations as the Opinion and Order of this Court. Defendant Cronic's 16 Motion for Judgment on the Pleadings is GRANTING, and Defendant Cronic is DISMISSED from this action. Pl aintiff's 20 Motion for Leave to File to Amend the 20 Complaint is GRANTED in part and DENIED in part. The Motion is granted to allow Plaintiffs to bring additional state-law claims against Defendants Bandy and Charlton alleging denial of medical care and intentional and negligent infliction of emotional distress. The Motion is denied with respect to the state-law claims alleged against Defendant Cronic and the officialcapacity claims against Defendants Bandy and Charlton. In accordance withthese rulings, Paragraphs 13 and 85-92 are STRICKEN from the AmendedComplaint and the Amended Complaint, as redacted 21 , is substituted for theoriginal Complaint in this action. Signed by Judge Richard W. Story on 07/16/13. (sk)

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Wise et al v. Cronic et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION MAUTIOUS D. WISE, DEVONTA J. WISE, AND RUSSELL B. GREEN, Plaintiffs, v. STEVE CRONIC, in his official capacity as Hall County Sheriff, et al., Defendants. : : : : : : : : : : : : : CIVIL ACTION NO. 2:12-CV-0291-RWS ORDER This case is before the Court for consideration of the Report and Recommendation [30] of Magistrate Judge J. Clay Fuller. After reviewing the Report and Recommendation, it is received with approval and adopted as the Opinion and Order of this Court. Accordingly, Defendant Cronic’s Motion for Judgment on the Pleadings [16] is hereby GRANTED, and Defendant Cronic is DISMISSED from this action. Plaintiff’s Motion for Leave to Amend the Complaint [20] is GRANTED IN PART and DENIED IN PART. The Motion is granted to allow Plaintiffs to bring additional state-law claims against Defendants Bandy and Charlton alleging denial of medical care and intentional AO 72A (Rev.8/82) Dockets.Justia.com and negligent infliction of emotional distress. The Motion is denied with respect to the state-law claims alleged against Defendant Cronic and the official capacity claims against Defendants Bandy and Charlton. In accordance with these rulings, Paragraphs 13 and 85-92 are STRICKEN from the Amended Complaint and the Amended Complaint, as redacted [21], is substituted for the original Complaint in this action. SO ORDERED, this 16th day of July, 2013. _______________________________ RICHARD W. STORY UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev.8/82)

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