Toenniges v. Georgia Department of Corrections

Filing 99

ORDER granting 93 Motion to Withdraw Claim Against Ms. Patricia Brown; adopting Report and Recommendations re 97 Report and Recommendations.Ordered by Judge W. Louis Sands on 6/2/11 (wks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
DONALD W. TOENNIGES,

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Plaintiff,
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v.
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WARDEN AMMONS, et al.,
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Defendants.
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____________________________________:

CASE NO.: 1:09-CV-165 (WLS)

ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge
Thomas Q. Langstaff, filed April 20, 2011. (Doc. 97). It is recommended that the pro se
prisoner Plaintiff’s Motion to Withdraw His Claim Against Ms. Patricia Brown (Doc. 93) be
granted, and that Defendant Nurse Patricia Brown be dismissed without prejudice. (Doc. 97 at 1
(citing Fed. R. Civ. P. 41(a)(2)). No objections were filed within the fourteen-day period
provided pursuant to 28 U.S.C. § 636(b)(1), which objection period expired on May 9, 2011,
with application of the prisoner mailbox rule. (See Doc. 97 at 1-2; Docket; Fed. R. Civ. P. 6(d)).
Upon full review and consideration upon the record, the Court finds that said Report and
Recommendation (Doc. 97) should be, and hereby is, ACCEPTED, ADOPTED and made the
Order of this Court for reason of the findings made and reasons stated therein. Accordingly,
Plaintiff’s Motion to Withdraw His Claim Against Ms. Patricia Brown (Doc. 93) is GRANTED,
and Defendant Nurse Patricia Brown is DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this 2nd day of June, 2011.
/s/ W. Louis Sands
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT
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