Cole v. Rich et al

Filing 18

ORDER ADOPTING 15 REPORT AND RECOMMENDATION as set out. 16 Motion to Amend Complaint is DENIED as set out. Signed by Judge Callie V. S. Granade on 8/7/2014. (copy mailed to Plf on 8/7/14) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOSEPH JOHNSON COLE,
Plaintiff,
vs.
ASHLEY MOONEY RICH and JOJO
SCHWARZAUER,
Defendants.

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Civil No.14-0176-CG-C

ORDER
After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is made1,
the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B)
and dated July 22, 2014, is ADOPTED as the opinion of this Court.
DONE and ORDERED this 7th day of August, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1 Plaintiff’s Response to the Report and Recommendation and Motion to Amend Complaint
(Doc. 16) is deemed to be an objection to the Report and Recommendation. Plaintiff seeks to
amend the complaint to correct the deficiency of not listing his prior lawsuit. However,
because the objection does not address question of immunity of the defendants which was a part
of the Report and Recommendation, any amendment would be futile. As such, the motion to
amend the complaint is DENIED.