Dollar v. PRESTON et al

Filing 15

ORDER denying 10 Motion for Leave to Proceed in forma pauperis; adopting re 12 Report and Recommendations.; finding as moot 14 Motion to Dismiss. This case is dismissed w/o prejudice. Should plaintiff wish to pursue this case he must submit a new complaint. Signed by Judge Dudley H. Bowen on 11/21/11. (cmr)

ORIGINAL
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA

FILED
U.S. DISTRICT COURT
At)f.U:TIc OtV
2011 NOV21 P 14:01

DUBLIN DIVISION
CLERK

WESLEY EUGENE DOLLAR,

W

Plaintiff,
CV 311-075

V.

C. PRESTON, Doctor, et al.,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's
Report and Recommendation, to which no objections have been tiled. Accordingly, the Report
and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court.
Therefore, Plaintiffs motion to proceed infbrmapauperis is DENIED (doe. no. 10), his Motion
to Dismiss/Withdraw" is MOOT (doe. no. 14), and this action is DISMISSED without
prejudice.' If Plaintiff wishes to proceed. with the claims raised in this lawsuit, he must initiate
a new lawsuit, which would require submission of.a new complaint. Dupree v. Palmer, 284 F.3d
1234. 1236 (11th Cir. 2002) (pcuriam).
SO ORDERED this

V

day of November, 2011, at Augusta, Georgia.

)ail
UNITED STATE ISTRICT JUDG

'Subsequent to issuance ofthe Report and Recommendation. Plaintiff moved to voluntarily
dismiss his ease without prejudice. (Doe. no. 14.) Because this action is subject to dismissal
without prejudice for the reasons set forth in the Report and Recommendation, Plaintiffs motion
to voluntarily dismiss is MOOT. See Cook v. Randol ph Couny, 573 F.3d 1143, 1156 & n.7 (11th
Cir. 2009) (noting that request becomes moot when requested relief has already been provided).