Castillo v. Mills et al

Filing 21

ORDER adopting 15 Report and Recommendations. Therefore, this civil action is dismissed without prejudice and stands closed. Signed by Judge J. Randal Hall on 4/3/17. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

CHARLIE HENRY CASTILLO,

Plaintiff,
CV 116-076

v.

SGT. MILLS; MAJOR VIRGINIA DURDEN;
SGT. HANNAH; SGT. DANFORD;
SGT. BROOKINGS; OFFICER BENNETT;
SGT. JOHN HILL; SGT. B. READ;
OFFICER FNU BELL; FNU DANFORD;
FNU PATTERSON; FNU KURTZ;
COLONEL HUBERT; SHERIFF
CHARLES HUTCHINS;
DAY SHIFT FOOD LADY; LT. JOSH;
CPL. KELLY GARRER;
BWM, Road Officer;

BTS, Road Officer; and NURSE MONICA,

Individually and in their Official Capacities,
Defendants.

ORDER

Plaintiff, an inmate at the United States Penitentiary in Yazoo City Mississippi,

brought the above-captioned case pursuant to 42 U.S.C. § 1983. On November 30, 2016, the

Magistrate Judge issued a Report and Recommendation (R&R) recommending Plaintiffs
case be dismissed as a sanction for his dishonesty. (Doc. no. 15.) Plaintiff was instructed

that any objections to the R&R had to be filed no later than December 19, 2016. (Doc. nos.

15, 16.) As no objections to the R&R were received by the deadline, the Court adopted the
R&R on December 20, 2016. (Doc. no. 17.)

On December 28, 2016, the Clerk's Office received and filed Plaintiffs motion for a

forty-five day extension of time to file objections.1 (Doc. no. 19.) On February 16, 2017, the
Court vacated the December 20th Adoption Order and granted Plaintiff until March 3, 2017

to file his objections. (Doc. no. 20.) Despite this additional period, Plaintiff has not filed any
objections.

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge as its opinion (doc. no. 15), DENIES AS MOOT Plaintiffs motion to appoint counsel

(doc. no. 14), DISMISSES this action without prejudice as a sanction for Plaintiffs abuse of
the judicial process, and DIRECTSthe Clerk to CLOSE this civil action.

SO ORDERED this ^ day of

(IZflhJc £&/7, at Augusta, Georgia.

HONQME^ET. RANDAL HALLV
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

1Pursuant to Houston v. Lack, 487 U.S. 266, 276 (1988), Plaintiffs motion was

deemed filed on the date of execution and delivery to prison officials for mailing, which
Plaintiff alleges was on December 15, 2016. (See doc. no. 19.)