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)

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.