NOLLEY v. MCLAUGHLIN et al
Filing
148
ORDER adopting 128 Report and Recommendations; granting 104 Motion to Dismiss; denying 137 Motion for Default Judgment; finding as moot 139 Motion to Stay; denying 147 Motion to Stay; granting in part 147 Motion for Extension of Time to Complete Discovery. (Discovery to be complete by 3/8/2018, Dispositive motions due by 3/29/2018.) Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 1/22/18 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DARNELL NOLLEY,
:
:
Plaintiff,
:
:
v.
:
:
GREGORY MCLAUGHLIN, et al.,
:
:
Defendants.
:
____________________________________
NO. 5:15‐CV‐149‐CAR‐CHW
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Currently before the Court is the United States Magistrate Judge’s Report and
Recommendation to grant Defendants Trevonza Bobbitt, Stephen Bostick, Dorian Giles,
and Sean Henderson’s Motion to Dismiss. Plaintiff has filed an objection to the
Recommendation. Also before the Court are the following: Plaintiff’s Motion for
Default Judgment; Plaintiff’s Motion to Stay Proceedings; and Defendants McLaughlin,
Myrick, Fountain, Demundo and Ellison’s Motion to stay proceedings and extend time
for discovery. Having conducted a de novo review of the Recommendation and
thoroughly considered the record, the Court agrees with the findings and conclusions of
the United States Magistrate Judge. The Recommendation [Doc. 128] is therefore
ADOPTED and MADE THE ORDER OF THE COURT, and Defendants’ Motion to
Dismiss [Doc. 104] is GRANTED. Accordingly, Plaintiff’s claims against Defendants
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Bobbitt, Bostick, Giles, and Henderson are DISMISSED. In addition, Plaintiff’s Motion
for Default Judgment [Doc. 137] is DENIED; Plaintiff’s Motion to Stay Proceedings
[Doc. 139] is MOOT; and Defendants’ Motion to Stay Proceedings and Motion to
Extend Discovery [Doc. 147] is GRANTED IN PART AND DENIED IN PART.
Defendants’ request to stay this case is DENIED. Defendants’ request to extend
discovery is GRANTED IN PART. As explained below, the parties must complete all
discovery within forty‐five (45) days of the date of this Order. The parties must file any
dispositive motions with twenty‐one (21) days from the discovery‐completion deadline.
Recommendation on Motion to Dismiss
The Recommendation is to grant Defendants’ Motion to Dismiss as to
Defendants Bobbitt, Bostic, Giles, and Henderson and dismiss this case as duplicative of
Plaintiff’s claims against them in Nolley v. Nelson, Case No. 5:15‐CV‐75 (CAR) (M.D.
Ga.). The Court agrees with the findings and conclusions of the Recommendation.
Plaintiff filed an Objection correctly pointing out that the Recommendation
addresses only Plaintiff’s allegations in the Amended Complaint [Doc. 46], not the
allegations Plaintiff alleges in his Second Amended Complaint [Doc. 106] which the
Magistrate Judge allowed him to file to address the deficiencies Defendants raised in
their Motion to Dismiss [Doc. 105]. Thus, this Court has reviewed de novo Plaintiff’s
allegations against Defendants Bobbitt, Bostic, Giles, and Henderson Plaintiff alleges in
his Second Amended Complaint and finds they do not change the result here. Plaintiff’s
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claims against Defendants Bobbitt, Bostic, Giles, and Henderson are still duplicative of
the claims Plaintiff raised in Nolley v. Nelson, Case No. 5:15‐CV‐75 (CAR) (M.D. Ga.).
Thus, those claims are hereby DISMISSED.
Plaintiff’s Second Amended Complaint [Doc. 106]
Plaintiff is correct that based on the Magistrate Judge’s Notification of Pre‐
Answer Motion to Dismiss [Doc. 105], Plaintiff’s Second Amended Complaint is the
controlling Complaint in this case. However, based on this Order and the previous
Orders in this case, the ONLY remaining claims going forward are Plaintiff’s due
process claims against Defendants McLaughlin, Myrick, Fountain, Demundo, and
Ellison. All other claims are DISMISSED.
Extension of Discovery and Filing Dispositive Motions
Defendants have requested an extension of discovery. Discovery must be
complete within forty‐five (45) days of the date of this Order, and the parties must file
any dispositive motions with twenty‐one (21) days from the discovery‐completion
deadline.
CONCLUSION
As set forth above, the Recommendation [Doc. 128] is ADOPTED and MADE
THE ORDER OF THE COURT, and Defendants’ Motion to Dismiss [Doc. 104] is
GRANTED. Plaintiff’s Second Amended Complaint [Doc. 106] is the controlling
Complaint in this case, and Plaintiff’s claims against Defendants Bobbitt, Bostick, Giles,
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and Henderson are DISMISSED. In addition, Plaintiff’s Motion for Default Judgment
[Doc. 137] is DENIED; Plaintiff’s Motion to Stay Proceedings [Doc. 139] is MOOT; and
Defendants’ Motion to Stay Proceedings and Motion to Extend Discovery [Doc. 147] is
GRANTED IN PART AND DENIED IN PART. Defendants’ request to stay this case is
DENIED. Defendants’ request to extend discovery is GRANTED IN PART. The parties
must complete all discovery within forty‐five (45) days of the date of this Order. The
parties must file any dispositive motions with twenty‐one (21) days from the discovery‐
completion deadline.
SO ORDERED, this 22nd day of January, 2018.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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