Metzger v. Unnamed Defendant
Filing
5
ORDER adopting 2 Final Report and Recommendation as the Order and Opinion of this Court. This action is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Judge Clarence Cooper on 3/4/2014. (tcc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
STEPHANIE METZGER,
Plaintiff,
v.
UNNAMED,
Defendant.
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PRISONER CIVIL RIGHTS
42 U.S.C. § 1983
CIVIL ACTION NO.
1:14-CV-40-CC
ORDER
The matter is before the Court on the Magistrate Judge’s Final Report and
Recommendation (“R&R”) and Plaintiff’s objections thereto. (Docs. 2, 4.) The
Magistrate Judge recommends that this action be dismissed without prejudice. (Doc.
2 at 2.)
The district court must “make a de novo determination of those portions of the
[R&R] to which objection is made” and “may accept, reject, or modify [the R&R], in
whole or in part . . . .” 28 U.S.C. § 636(b)(1)(C). Portions of the R&R to which no
objection is made are reviewed only for clear error. Macort v. Prem, Inc., 208 F. App’x
781, 784 (11th Cir. 2006) (per curiam).
In her objections, Plaintiff complains about an Alabama state court judge. (Doc.
4.) As the Magistrate Judge explained, an Alabama federal court recently dismissed
Plaintiff’s case against the Alabama judge, and Plaintiff has no connection with
AO 72A
Georgia. (Doc. 2 at 1-2.) The Magistrate Judge correctly determined that it would not
be in the interest of justice to transfer the present case. (Id. at 2.) Plaintiff may direct
her concerns about the Alabama judge to the appropriate authorities in Alabama.
For the reasons stated above, the Court OVERRULES Plaintiff’s objections
(Doc. 4) and ADOPTS the Magistrate Judge’s R&R (Doc. 2) as the Order and Opinion
of this Court. This action is DISMISSED WITHOUT PREJUDICE.
The Clerk is DIRECTED to close this case.
IT IS SO ORDERED this 4th day of
March
, 2014.
CLARENCE COOPER
CLARENCE COOPER
SENIOR UNITED STATES DISTRICT JUDGE
2
AO 72A
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