Habersham v. Dunkin Donuts / Baskin Robbins

Filing 11

ORDER vacating 6 Report and Recommendations. This case shall proceed. Signed by Magistrate Judge Brian K. Epps on 9/13/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JOHN WAYNE HABERSHAM,

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Plaintiff,
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v.
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DUNKIN DONUTS/BASKIN ROBBINS,
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Defendant.
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CV 116-029

ORDER
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Plaintiff brought the above-captioned case and is proceeding pro se and in forma
pauperis (“IFP”). On August 26, 2016, the Court reported and recommended the case be
dismissed for Plaintiff’s failure to update his address after the Court’s grant of IFP was
returned as undeliverable. (Doc. no. 6.) That same day, Plaintiff filed a motion to amend his
complaint and attached a medical bill. (Doc. no. 8.) Although the motion contained the
same address as the one on file, the attached bill contained a different address. (Id.) Out of
an abundance of caution, the Court directed the Clerk to mail a copy of the report and
recommendation to the new address. (Doc. no. 9.) Plaintiff responded by updating his
mailing address. (Doc. no. 10.)

Because Plaintiff has now filed an updated address, the Court VACATES the Report and
Recommendation issued on August 26, 2016 and the case shall proceed.
SO ORDERED this 13th day of September, 2016, at Augusta, Georgia.

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