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)

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.

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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

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