Eckerd v. The Georgia Department of Corrections et al

Filing 26

ORDER ADOPTING 24 Report and Recommendations of the Magistrate Judge as the opinion of the Court, DISMISSES Eckerd's Complaint, and DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 8/28/2017. (ca)

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tEntteb States: Btjeftrtct Court jfor tl^e ^outliem Btsstrtct of ^leorgta prunieftotck Bttitsfion ANDREW WILLIAM ECKERD, Plaintiff, CIVIL ACTION NO.: 2:17-cv-21 THE GEORGIA DEPARTMENT OF CORRECTIONS;STATE OF GEORGIA; JENNIFER S. CANNON;JUDGE STEPHEN D. KELLEY;and BRUNSWICK CIRCUIT PUBLIC DEFENDER'S OFFICE, Defendants. ORDER Presently before the Court are Plaintiff Andrew William Eckerd's {^'Eckerd") Objections to the Magistrate Judge's Report and Recommendation dated July 11, 2017. Dkt. No. 25. In his Objections, Eckerd objects to the Magistrate Judge's Recommendation that this Court dismiss his Complaint for failure to follow the Court's Order to amend his Complaint and for failure to state a claim. Id. Eckerd asserts that he properly amended his Complaint, as ordered by the Court, and that all his claims are related. Id. at p. 2. The Court OVERRULES Eckerd's Objections. A0 72A (Rev. 8/82) A review of the record reveals that the Magistrate Judge properly concluded that Eckerd did not amend his Complaint in accordance with the instructions contained in the Court's May 12, 2017, Order. Specifically, Eckerd did not limit his Complaint to facts arising from the same transaction, occurrence, or series of transactions or occurrences. Accordingly, after an independent and de novo review of the entire record, the Court CONCURS with and ADOPTS the Magistrate Judge's Report and Recommendation, dkt. no. 24, as the opinion of the Court, DISMISSES Eckerd's Complaint, and DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. The Court DENIES Eckerd in forma pauperis statU/p on appeal. so ORDERED, this ^ HONI. LISA GODBEY WOOD, JUDGE SOU^^N DISTRICT OF GEORGIA UNITED STATES DISTRICT COURT / 2017.

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