Eshena v. Frazier et al

Filing 39

ORDER adopting Report and Recommendations re 10 Report and Recommendations. Plaintiff's claims against the Jane Doe defendants are Dismissed. Ordered by Judge C. Ashley Royal on 10/14/09 (lap)

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ANTHONY MICHAEL ESHENA, Plaintiff, v. WARDEN DAVID FRAZIER, et al. Respondent. __________________________________ : : : : : : : : :

Civil Action No. 5:08-cv-417 (CAR)

ORDER ON THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the Court is the United States Magistrate Judge's Recommendation [Doc. 10] that Plaintiff's claims against three "Jane Doe" defendants be dismissed, without prejudice to Plaintiff's right to amend his Complaint upon discovery of their identities. Plaintiff has entered an objection to the Recommendation. Upon review of the Complaint and the subsequent record of the case, the Court agrees with the Recommendation. Plaintiff's Complaint fails to identify the Jane Doe defendants with sufficient clarity to enable service of process. He has not demonstrated reasonable diligence in attempting to determine their identities and has made no effort to amend his Complaint since the Recommendation was entered. See Dean v. Barber, 951 F.2d 1210, 1215-16 (11th Cir. 1992). The Recommendation of the United States Magistrate Judge is therefore ADOPTED and MADE THE ORDER OF THE COURT, and Plaintiff's claims against the Jane Doe defendants are hereby DISMISSED. It is SO ORDERED this 14th day of October, 2009. S/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT chw