TUCKER v. PEACOCK et al

Filing 35

ORDER ADOPTING 30 Report and Recommendations. The claims in the Plaintiff's amended Complaint against Sheriff Peacock, Major Kilgore, Dr. Busbee, and the County Commissioner of Upson County are dismissed pursuant to 28 U.S.C § 1915A(b)(1). Ordered by Judge Marc Thomas Treadwell on 5/22/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

ROBERT TUCKER, III,
Plaintiff,
v.
RALPH SEARCY,
Defendant.

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CIVIL ACTION NO. 5:12-CV-244 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 30). The Magistrate Judge recommends
granting the Plaintiff’s Motion to Amend (Doc. 11) his Complaint to reassert claims
against former Defendants Sheriff Peacock, Major Kilgore, Dr. Busbee and the County
Commissioner of Upson County.1 However, following a 28 U.S.C. § 1915A screening of
the amended Complaint, Judge Hyles recommends dismissing these new claims. The
Plaintiff has not filed an objection to this Recommendation.
The Court has reviewed the Recommendation, and the Recommendation is
adopted and made the order of this Court. The claims in the Plaintiff’s amended

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The Court in a previous Order (Doc. 12) adopted the Magistrate Judge’s Recommendation
(Doc. 8) to dismiss claims against these parties following a 28 U.S.C. § 1915A review.
However, during the objection period following that Recommendation, the Plaintiff filed a Motion
to Amend (Doc. 11) his Complaint. The Court left that motion for the Magistrate Judge to
address, which he has done by way of his Recommendation.

Complaint against Sheriff Peacock, Major Kilgore, Dr. Busbee, and the County
Commissioner of Upson County are dismissed pursuant to 28 U.S.C § 1915A(b)(1).
SO ORDERED, this 22nd day of May, 2013.

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

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