Vasquez-Torres v. Richmond County Sheriff's Department et al

Filing 61

ORDER adopting 52 Report and Recommendation as the opinion of the Court; granting Defendants' 11 Motion to Dismiss, 15 Motion to Dismiss, 27 Motion to Dismiss, 37 Motion to Dismiss; dismissing Defendant Strength for Plaintiff's f ailure to timely effect service; denying Plaintiff's 22 Motion for Default Judgment and 39 Motion for Judicial Notice; and entering final judgment in favor of Defendants; and closing this civil action. Signed by Judge J. Randal Hall on 2/16/2017. (jah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION SERGIO VASQUEZ-TORRES, aka JAMIE CEJA, Plaintiff, CV 116-020 v. RICHMOND COUNTY SHERIFF'S DEPT; JOEL DANKO, DEA-Task Force; RONALD STRENGTH, Sheriff, Richmond County; and ASHLEY WRIGHT, District Attorney, Defendants. ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which objections have been filed. (Doc. no. 58.) Plaintiffs objections were filed on January 17, 2017, but because they were unsigned, the Court sent the unsigned objections back to Plaintiff, and extended the period for objections to January 31, 2017. (Doc. no. 60.) The time for objections has expired, and Plaintiff has not submitted signed objections to the Magistrate Judge's R&R. Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented." Loc. R. 11.1 also requires that all papers presented for filing be signed by an attorney, or if a party is proceeding pro se, by the party. Although pro se litigants are afforded leniency in the construction of their filings, they are required to conform to procedural rules. Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002); see also Moon v. Newsome. 863 F.2d 835, 837 (11th Cir. 1989) ("[Ojnce a pro se litigant is in court, he is subject to the relevant law and rules of court. . . ."). Because Plaintiffs objections are not signed, they are in violation of the Federal Rules of Civil Procedure as well as the Local Rules of this Court, and the Court need not consider them. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS Defendants' motions to dismiss (doc. nos. 11, 15, 27, 37), DISMISSES Defendant Strength for Plaintiffs failure to timely effect service, DENIES Plaintiffs motions for default judgment and for judicial notice (doc. nos. 22, 39), ENTERS final judgment in favor ofDefendants, and CLOSES this civil action.1 SO ORDERED this U?_ day of February, 2017, at Augusta, Georgia. UNITED STATES DISTRICT JUDGE si DISTRICT OF GEORGIA 1The Court DIRECTS the CLERK to mail this order to Plaintiff at his present place of incarceration, McDuffie County Jail, 751 Public Safety Drive, Thomson, Georgia 30824.

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