COX v. NELSON et al

Filing 37

ORDER adopting 35 Report and Recommendations; terminating as moot 30 Motion for Summary Judgment; terminating as moot 36 Motion to Appoint Counsel; and dismissing the Complaint without prejudice. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 10/16/2020. (chc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MICHAEL A. COX, Plaintiff, CIVIL ACTION NO. 5:19-cv-00326-TES-MSH v. ADRIAN NELSON, et al., Defendants. ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATION In his Recommendation [Doc. 35], the United States Magistrate Judge recommends that Plaintiff’s Complaint [Doc. 1] be dismissed without prejudice and Defendants’ Motion for Summary Judgment [Doc. 30] be terminated as moot because Plaintiff routinely failed to obey simple court orders. No objections 1 have been filed to the Magistrate Judge’s Recommendation; therefore, the Court reviews his findings for clear error. 28 U.S.C. § 636(b)(1)(A). After careful review, the Court, finding no clear error, ADOPTS the Recommendation [Doc. 35] and MAKES IT THE ORDER OF THE COURT. Accordingly, Plaintiff’s Complaint [Doc. 1] is DISMISSED without prejudice The Court notes that on October 15, 2020, Plaintiff filed a third Motion to Appoint Counsel [Doc. 36]. However, in his Motion, Plaintiff fails to make any mention of the magistrate judge’s Recommendation [Doc. 35] that would lead the Court to conclude his Motion could possibly constitute an objection. 1 and the Court terminates as moot Defendants’ Motion for Summary Judgment [Doc. 30] and Plaintiff’s Motion to Appoint Counsel [Doc. 36]. SO ORDERED, this 16th day of October, 2020. S/Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT 2

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