Stevens v. State of Georgia et al

Filing 14

ORDER approving and adopting the 11 Report and Recommendation. The 13 Motion to Amend Complaint is DENIED as futile. Signed by Judge Thomas W. Thrash, Jr. on 1/17/2014. (dfb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DAQUAN LAMONT STEVENS,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:13-CV-3313-TWT

STATE OF GEORGIA, et al.,
Defendants.

ORDER

This is a pro se prisoner civil rights action. It is before the Court on the Report
and Recommendation [Doc. 11] of the Magistrate Judge recommending dismissing
the action as frivolous.

The Court approves and adopts the Report and

Recommendation as the judgment of the Court. This action is DISMISSED. Rule
15(a) of the Federal Rules of Civil Procedure provides that leave to amend “shall be
freely given when justice so requires.” However, leave to amend may be denied
where there has been undue delay or where the amendment would be futile. Espey v.
Wainwright, 734 F.2d 748, 750 (11th Cir. 1984); Burger King Corporation v. C. R.
Weaver, 169 F.3d 1310, 1319 (11th Cir. 1999). The Motion to Amend Complaint
[Doc. 13] is DENIED as futile.

T:\ORDERS\13\Stevens\13cv3313\r&r.wpd

SO ORDERED, this 16 day of January, 2014.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\13\Stevens\13cv3313\r&r.wpd

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