Heard v. Tanner et al

Filing 12

ORDER finding as moot 7 Motion for Reconsideration ; adopting Report and Recommendations re 9 Report and Recommendations.; finding as moot 11 Motion to Dismiss. This case is Dismissed without prejudice. Signed by Judge Dudley H. Bowen on 10/25/11. (cmr)

ORIGINAL
IN THE UNITED STATES DISTRICT COURT U.S.
FOR THE SOUTHERN DISTRICT OF
DUBLIN DIVISION
ROBERT HEARD,

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DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
GEORGIA AUGUSTA DIVISION
FILD !.J OFFiCE

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Deputy Clerk

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Plaintiff,
V.

CV 311-082

CATHY TANNER, 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 filed. Accordingly, the Report
and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court.
Therefore, Plaintiff's motion to proceed in forma pauperis is DENIED (doc. no. 2), his "Motion
to Correct the Court's Error in Transferring the Above Case" is DENTED AS MOOT (doc. no.
7), and this action is DISMISSED without prejudice.' If Plaintiff wishes to proceed with the
claims raised in this lawsuit, he must submit a new complaint, along with the full filing fee.
Dupree v. Palmer, 284 F.3d 1234, 1236 (llth Cir. 2002) (per curialn).
SO ORDERED this

d of October, 2011, at Augusta, Georgia.

'Subsequent to issuance of the Report and Recommendation, Plaintiff moved to voluntarily
dismiss his case without prejudice. (Doc. 110. 7.) Because this action is subject to dismissal
without prejudice for the reasons set forth in the Report and Recommendation, Plaintiff's motion
to voluntarily dismiss is MOOT. See Cook v. Randolph Count', 573 F.3d 1143, 1156 & n.7 (1 lth
Cir. 2009) (noting that request becomes moot when requested relief has already been provided).