WALKER v. WALKER, et al
Filing
25
ORDER adopting 23 Report and Recommendations; finding as moot 11 Motion to Appoint Counsel ; granting 15 Motion to Dismiss.Ordered by Judge C. Ashley Royal on 8/21/12 (lap)
THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PATRICK WALKER,
:
:
Plaintiff,
:
Civil Action
:
No. 5:11‐cv‐360 (CAR)
v.
:
:
Warden VICTOR WALKER, Medical :
Director INE AKUMWANNE, and
:
Medical Administrator VERNON
:
SPIKE,
:
:
Defendants.
:
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Currently before the Court is the Report and Recommendation of the United
States Magistrate Judge [Doc. 23] that Defendant’s Motion to Dismiss be granted.
Plaintiff has filed an Objection to the Recommendation [Doc. 24]. Upon a de novo
review of the Complaint, the Recommendation, Plaintiff’s objections, and the relevant
legal authorities, the Court agrees with the reasoning and findings of the Magistrate
Judge in his Report and Recommendation. In his Objection, Plaintiff simply restates
arguments that have been thoroughly addressed in the Report and Recommendation.
This Court agrees that Plaintiff’s complaint must be dismissed for failure to state a claim
upon which relief may be granted. Thus, the Report and Recommendation [Doc. 23] is
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hereby ADOPTED AND MADE THE ORDER OF THE COURT. Accordingly,
Plaintiff’s Motion to Appoint Counsel [Doc. 11] is MOOT, Defendant’s Motion to
Dismiss [Doc. 15] is GRANTED, and this case is hereby dismissed.
SO ORDERED, this 21st day of August, 2012.
SSH
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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