BENNING v. OLIVER et al

Fl~ED FEB10'26AM11 :~~ THE UNITED STATES DISTRICT COURT
MO GA-MAC 	FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RALPH HARRISON BENNING,
Plaintiff,
v.
Comm'r TYRONE OLIVER, et al.,
Defendants.
CIVIL ACTION NO.
5:18-cv-00087-TES-CHW
ORDER GRANTING MOTION TO ENFORCE
Before the Court is Plaintiff Ralph Harrison Benning's Motion to Enforce [Doc.
196] the Court's order enjoining the Georgia Department of Corrections "from enforcing
SOP 204.lO's email-contact restriction - Le., limiting an offender's email contacts to
those 12 persons who have been cleared to be on that offender's in-person visitation
list." [Doc. 175, p. 28]; see ge nerally Bennin g v. Oliver, No. 5:18-cv-00087-TES-CHW, 2024
WL 4818330 (M.D. Ga. Nov. 18, 2024). The Court received Plaintiff's motion on
De ce mber 12, 2025.
After reviewing Plaintiff's motion, the Court issued an Order to Show Cause
[Do c. 197] on December 19, 2025, ordering Defendants to ex plain why Plaintiff's
requested relief should not be granted. Defendants responded on January 2, 2026,
arguing that Plaintiff's motion should be denied as they "are und ertaking to be fully
compliant with this Court's order" and that Defe ndant Tyrone Oliver, "through his
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designee, has directed the provider of inmate approved email services, JPay, to
discontinue the 'email-contact restriction."' (Doc. 198, p. 4].
On February 10, 2026, the Court held a hearing on Plaintiff's motion. Present at
that hearing was Plaintiff, proceeding pro se, and Defendant Oliver, the Commissioner
for the Georgia Department of Corrections ("GDC"), along with his counsel. During the
hearing, the Court relayed its heavy concerns with the GDC' s disregard of the Court's
injunction as to SOP 204 .10. In addition to these concerns, the Court also discussed a
contempt order filed against the GDC by another judge of this Court and a previous
example of clear dishonesty in filings made to this Court by the GDC. See genemlly
Daughtry v. Emmons, No. 5:15-CV-41 (MIT), 2024 WL 1791717 (M.D. Ga. Apr. 23, 2024);
Court's Exhibit #1.
Given Defendant Oliver's reassurances, that the Court's injunction order will be
followed, the Court GRANTS Plaintiff's Motion to Enforce [Doc. 196]. During the
hearing, Defendants also submitted a Policy Information Bulletin regarding SOP 204.10
dated January 15, 2026, which the Court places on the record as Court's Exhibit #2. If
Defendants violate this Court's injunction again, which the Court does not anticipate
happening, it '"'ill welcome another motion from Plaintiff.
SO ORDERED, this 10th day of February, 2026.
TILMANE. S
UNITED ST A TES DISTRICT JU
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