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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION DONALD W. TOENNIGES, : : Plaintiff, : : v. : : WARDEN AMMONS, et al., : : Defendants. : ____________________________________: 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 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?