Goodwin v. Woods et al

Filing 23

ORDER approving and adopting the 18 Report and Recommendations as the Opinion and Order of this Court. Plaintiffs 11 Motion to Amend his SexualHarassment and Equal Protection Claims is DENIED; Plaintiffs Motion to Add Due Process and Supervisory Liability Claims is DENIED; Plaintiffs Motion to Enforce a State Court Order and for Mental Health Counseling 11 is DENIED; and Plaintiffs 12 Motion to Add Capt. Neville as a Defendant is DENIED. Plaintiff is ALLOWED to add Sgt. Lachner as a Def endant on his retaliation claim in addition to Lt. Sullivan and Deputy Calderon, against whom the claim was previously allowed to proceed. Plaintiffs remaining claims and the remaining Defendants are DISMISSED from this action. The Court having allowed claims to proceed, the Clerk is DIRECTED to resubmit this matter to Judge Fuller for further proceedings. Signed by Judge Richard W. Story on 05/13/15. (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.,

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CIVIL ACTION NO.
2:15-CV-006-RWS

Defendants.
ORDER
On March 20, 2015, the Court entered an Order [16] receiving with
approval and adopting the Report and Recommendation [9] of Magistrate
Judge J. Clay Fuller. However, because subsequent to the issuance of the
Report and Recommendation, Plaintiff had filed a Motion for Leave to File a
Second Amended Complaint [15], the Court reserved ruling on Plaintiff’s
Objections [14] to the Report and Recommendation to allow Judge Fuller to
consider Plaintiff’s claims in light of the proposed Second Amended
Complaint.
On April 15, 2015, Judge Fuller issued a Report and Recommendation
[18] in which he grants Plaintiff’s Motion for Leave to File Second Amended
Complaint [15] and recommends that Plaintiff be allowed to add Sgt. Lachner

AO 72A
(Rev.8/82)

as a Defendant on his retaliation claim; that Plaintiff’s Motion to Amend his
Sexual Harassment and Equal Protection Claims be denied; that Plaintiff’s
Motion to Add Due Process and Supervisory Liability Claims be denied; that
Plaintiff’s Motion to Enforce a State Court Order and for Mental Health
Counseling [11] be denied; and that Plaintiff’s Motion to Add Capt. Neville as
a Defendant [12] be denied.
After reviewing the Report and Recommendation and considering all of
Plaintiff’s motions and his earlier-filed Objections, the Report and
Recommendation is received with approval and adopted as the Opinion and
Order of this Court. Accordingly, Plaintiff’s Motion to Amend his Sexual
Harassment and Equal Protection Claims is DENIED; Plaintiff’s Motion to
Add Due Process and Supervisory Liability Claims is DENIED; Plaintiff’s
Motion to Enforce a State Court Order and for Mental Health Counseling [11]
is DENIED; and Plaintiff’s Motion to Add Capt. Neville as a Defendant [12] is
DENIED. Plaintiff is ALLOWED to add Sgt. Lachner as a Defendant on his
retaliation claim in addition to Lt. Sullivan and Deputy Calderon, against
whom the claim was previously allowed to proceed. Plaintiff’s remaining
claims and the remaining Defendants are DISMISSED from this action.

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AO 72A
(Rev.8/82)

The Court having allowed claims to proceed, the Clerk is DIRECTED
to resubmit this matter to Judge Fuller for further proceedings.
SO ORDERED, this 13th day of May, 2015.

________________________________
RICHARD W. STORY
United States District Judge

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AO 72A
(Rev.8/82)