Bingham v. Thomas et al

Filing 75

ORDER adopting Report and Recommendations re 74 Report and Recommendations. Plaintiff's Complaint and Amended Complaint are dismissed as to Defendant Butler.Ordered by Judge W. Louis Sands on 9/20/2012. (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
RANDALL BINGHAM,

:
:
Plaintiff,
:
:
v.
:
:
KEITH BUTLER,
:
:
Defendants.
:
____________________________________:

Case No. 1:08-cv-152 (WLS)

ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge
Thomas Q. Langstaff, filed August 27, 2012. (Doc. 74.) It is recommended that Petitioner’s 42
U.S.C. § 1983 action be dismissed because Plaintiff failed to provide a current address for
Defendant Keith Butler, who has never been served with a complaint in this case. (Id.)
The Report and Recommendation provided the Parties with fourteen (14) days1 from the
date of its service to file written objections to the recommendations therein. (Id.). The period for
filing objections expired on Thursday, August 13, 2012; no objections have been filed to date.
(See Docket.)
Upon full review and consideration of the record, and in view of the absence of an
objection on the record, the Court finds that U.S. Magistrate Judge Thomas Q. Langstaff’s
August 27, 2012 Report and Recommendation (Doc. 74) should be, and hereby is, ACCEPTED,
ADOPTED and made the Order of this Court for reason of the findings made and reasons stated

1

The Parties were given an additional three days because service was made by mail. See Fed. R. Civ. P. 6(d)
(adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by
mailing process to a party’s last known address).

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therein. Accordingly, Plaintiff’s § 1983 Complaint (Doc. 2) and Amended Complaint (Doc. 5)
are therefore DISMISSED as to Defendant Butler
SO ORDERED, this

20th

day of September 2012.
/s/ W. Louis Sands
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT

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