Goodwin v. Woods et al

Filing 16

ORDER: The 9 Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. Accordingly, Plaintiffs retaliation claim against Defendants Lt. Sullivan and Deputy Calderon will be allowed to proceed. The Cou rt will reserve consideration of dismissal of the remaining claims pending review of Plaintiffs Proposed Second Amended Complaint. The case is to be resubmitted to Judge Fuller for further proceedings. Signed by Judge Richard W. Story on 03/19/15. (sk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
NICOLAS JOSEPH GOODWIN,
Plaintiff,
v.
CAPTAIN DANNY WOODS,
et al.,
Defendants.

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CIVIL ACTION NO.
2:15-CV-00006-RWS

ORDER
This case is before the Court for consideration of the Report and
Recommendation [9] of Magistrate Judge J. Clay Fuller. Judge Fuller
recommended allowing Plaintiff’s retaliation claim against Lt. Sullivan and
Deputy Calderon to proceed but dismissing the remaining claims and
Defendants from this action. Plaintiff filed Objections [14] to the Report and
Recommendation and a Motion for Leave to File Second Amended Complaint
[15]. In his proposed Second Amended Complaint, Plaintiff seeks to address
some of the issues raised in the Report and Recommendation regarding the
claims to be dismissed. After reviewing the record, the Court enters the
following Order.

AO 72A
(Rev.8/82)

The Report and Recommendation is received with approval and adopted
as the Opinion and Order of this Court. Accordingly, Plaintiff’s retaliation
claim against Defendants Lt. Sullivan and Deputy Calderon will be allowed to
proceed. The Court will reserve consideration of dismissal of the remaining
claims pending review of Plaintiff’s Proposed Second Amended Complaint.
The case is to be resubmitted to Judge Fuller for further proceedings.
SO ORDERED, this 19th

day of March, 2015.

_______________________________
RICHARD W. STORY
UNITED STATES DISTRICT JUDGE

2

AO 72A
(Rev.8/82)