DAVIS v. BANTA et al

Filing 11

ORDER ADOPTING 5 Report and Recommendations. Defendant John Doe Cert Officer is dismissed from this action. Further, Defendants Floyd, Upton, Johnson, and Moore are dismissed without prejudice. Ordered by Judge Marc Thomas Treadwell on 6/6/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PATRICK DAVIS,
Plaintiff,
v.
STEVE UPTON, et al.,

Defendants.

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CIVIL ACTION NO. 5:12-CV-146(MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 5). The Magistrate Judge recommends
dismissing Defendant John Doe Cert Officer because the Plaintiff failed to identify said
Defendant prior to the expiration of the statute of limitations. The Magistrate Judge also
recommends dismissing without prejudice Defendants Floyd, Upton, Johnson, and
Moore. The Plaintiff has filed an objection to the Recommendation. (Doc. 10).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s objection and
has made a de novo determination of the portions of the Recommendation to which the
Plaintiff objects.
The Recommendation is adopted and made the order of this Court. Defendant
John Doe Cert Officer is dismissed from this action. Further, Defendants Floyd, Upton,
Johnson, and Moore are dismissed without prejudice.

SO ORDERED, this 6th day of June, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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