SMITH v. JOHNSON et al

Filing 35

ORDER ADOPTING 34 Report and Recommendations and GRANTING 31 Motion to Dismiss. The Plaintiff's complaint is dismissed with prejudice. Ordered by U.S. District Judge Marc Thomas Treadwell on 12/20/2013. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JORDAN SMITH, Plaintiff, v. Warden GLENN JOHNSON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:12-CV-40 (MTT) ORDER Before the Court is the Report and Recommendation of United States Magistrate Judge Stephen Hyles. (Doc. 34). Judge Hyles recommends granting the Defendants’ motion to dismiss (Doc. 19) the Plaintiff’s complaint pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) for his failure to comply with the Court’s orders and failure to appear at his deposition. The Plaintiff has not filed an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is ADOPTED and made the Order of this Court. The Plaintiff’s complaint is dismissed with prejudice. SO ORDERED, this 20th day of December, 2013. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT 

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