Summary
finding plaintiff failed to establish a plausible claim for deliberate indifference for prison officials not allowing him to have eight hours of uninterrupted sleep
Summary of this case from Davidson v. MedlinOpinion
CIVIL ACTION NO.: CV211-185
03-06-2012
WILLIAM E. DEKLE, Plaintiff, v. ANTHONY HAYNES; R. E. HOLT; ROBIN GLADDEN; and ERIC HOLDER, Defendants.
ORDER
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that the 10:00 p.m. count interferes with his ability to have eight (8) hours of uninterrupted sleep every night. Plaintiff also asserts that the Magistrate Judge is ignorant of the ill effects generally associated with sleep deprivation, which is the reason the Magistrate Judge recommended the dismissal of Plaintiffs Complaint. However, as the Magistrate Judge noted, Plaintiff fails to establish that his constitutional rights have been violated due to his alleged inability to have eight (8) hours of uninterrupted sleep per night.
Plaintiffs Objections are without merit and are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is DISMISSED due to his failure to state a claim upon which relief may be granted. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
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B. AVANT EDENFIELD, JUDGE
UNITED STATES/DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA