Goggins v. Boston

Filing 8

OPINION AND ORDER ADOPTING the Magistrate Judge's 4 Final Report and Recommendation. This action is hereby DISMISSED pursuant to 28 U.S.C. § 1915A. Signed by Judge Amy Totenberg on 7/10/2018. (sap)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
LEE HAROLD GOGGINS, JR.,
Plaintiff,
v.
DISTRICT ATTORNEY SHERRY
BOSTON,
Defendant.

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CIVIL ACTION NO.
1:18-cv-2154-AT-LTW

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation [Doc. 4] that Plaintiff’s pro se prisoner civil rights action be
dismissed pursuant to 28 U.S.C. § 1915A. The Magistrate Judge concluded that
Plaintiff’s claims are subject to dismissal because Defendant Boston has
prosecutorial immunity, Plaintiff’s malicious prosecution claim is not ripe, and
Plaintiff cannot challenge the conditions of his confinement under 42 U.S.C. §
1983.
No objections have been filed in response to the Magistrate Judge’s Report
and Recommendation.

Service copies of the Magistrate Judge’s Report and

Recommendation mailed to Plaintiff have been returned to the Clerk’s office as
undeliverable. It appears that Plaintiff has been released from custody and he

has failed to keep the Court apprised of his most current address as required by
NDGa Local Rule 41.2(B).
In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules
of

Civil

Procedure,

the

Court

has

reviewed

the

Recommendation for clear error and finds none.

Magistrate

Judge’s

Accordingly, the Court

ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of
the Court.

For the reasons stated in Magistrate Judge’s Report and

Recommendation, Plaintiff’s Complaint is DISMISSED pursuant to 28 U.S.C. §
1915A.
IT IS SO ORDERED this 10th day of July, 2018.

_____________________________
Amy Totenberg
United States District Judge

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