Eckerd v. Cannon et al

Filing 15

ORDER ADOPTING the Magistrate Judge's 7 Report and Recommendation as the opinion of the Court. The Court DISMISSES Plaintiff's Complaint, as amended, based on his failure to state a claim, DISMISSES as moot all pending Motions, and DENIES Plaintiff in forma pauperis status on appeal. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 12/5/2017. (csr)

?Etitteb States! Bisitrtct Court

:lfor tJut ^otttj^em IBisstrict ot (Georgia
Pntnssiutck l9tl)ts;ton
ANDREW WILLIAM ECKERD,
Plaintiff,

CIVIL ACTION NO.: 2:17-cv-108

JENNIFER STEELE CANNON; and
STEPHEN D. KELLY, in their individual and

official capacities.
Defendants.

ORDER

After an independent and de novo review of the entire
record,

the undersigned concurs with the Magistrate Judge's

Report and Recommendation, dkt. no. 7, to which Plaintiff filed

Objections, dkt. no. 11.^

Plaintiff's Objections are not

responsive to the Magistrate Judge's Report and Recommendation
and do l i t t l e more than reiterate the claims set forth in his

Amended Complaint.

Further, the Magistrate Judge properly

analyzed Plaintiff's Complaint and concluded Plaintiff did not
state a claim pursuant to 42 U.S.C. § 1983.

^

Likewise, the

Plaintiff's Objections are entitled ^^Declaration of Andrew William

Eckerd".

Dkt.

No.

11.

As

Plaintiff filed another Declaration—which

is docketed as such—on the same date as his Objections, the Court
construes Plaintiff's first ^^Declaration" to be his Objections to the
Report and Recommendation.
The Court has considered the entirety of
Plaintiff's pleadings in adopting the Report and Recommendation.
A0 72A

(Rev. 8/82)

other pleadings Plaintiff has filed since the Magistrate Judge
issued his Report and Recommendation, dkt. nos.

9, 10, 12, 14,

are equally without merit.
Therefore, the Court OVERRULES Plaintiff's Objections and
iU)OPTS the Magistrate Judge's Report and Recommendation as the
opinion of the Court.

The Court DISMISSES Plaintiff's

Complaint, as amended, based on his failure to state a claim,

DISMISSES as moot all pending Motions, and DENIES Plaintiff in
forma pauperis status on appeal.

The Court DIRECTS the Clerk of

Court to CLOSE this case and enter the appropriate judgment of
.O
J. •
dismissal.

SO ORDERED, this

^

daj^^of

<1, LIS^ GODBS¥-WOOD, JUDGE

CTED ^ATES DISTRICT COURT
ITHERN

DISTRICT OF GEORGIA

,

2017.