Opinion
CIVIL ACTION NO.: CV212-127
10-31-2012
MICHAEL LEE BOYKINS, Plaintiff, v. DR. PETER LIBERO; TOM ELLIS; FRANK ADAIR; and ANTHONY HAYNES, 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 he informed Defendants Haynes and Ellis, through the administrative remedy process, of the problems he experienced with the medical staff at the Federal Satellite Low Facility in Jesup, Georgia. However, an allegation that a grievance was filed with supervisory personnel is an insufficient basis for liability in a Bivens cause of action. See Asad v. Crosby, 158 F. App'x 166, 170-72 (11th Cir. 2005) (affirming the district court's dismissal of the plaintiffs claims that two defendants holding supervisory positions based, in part, on the plaintiffs assertion that these defendants should be liable based on the denial of administrative relief); see also. Clayton v. Alston, No. CV309-042, 2009 WL 3483805, at *5 n.5 (S.D. Ga. Oct. 28, 2009); Pressley v. Beard, No. 3:CV-04-2535, 2005 WL 2347369, at *4 (M.D. Pa. Sept. 26, 2005) (noting that liability cannot be placed on prison officials because officials failed to take corrective action following the plaintiff's unsuccessful grievance).
Plaintiffs Objections are overruled. The Magistrate Judge's Report and Recommendation, as supplemented herein, is adopted as the opinion of the Court. Plaintiffs claims against Defendants Haynes and Ellis are DISMISSED, with prejudice. Plaintiff's claim stemming from his contention that he sought medical treatment for his ulcers on January 12, 2012, are DISMISSED, without prejudice.
______________________
LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA