HOLMES v. DALRYMPLE et al

Filing 42

ORDER denying as moot 30 32 26 ; adopting 37 Report and Recommendations; granting 25 Motion to Dismiss, therefore claims against defendant Morales are dismissed without prejudice and he is dismissed from this case. Signed by Judge Dudley H. Bowen on 5/30/13. (cmr)

IN THE T'NITED STATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN

iiilii{i;i'30Fil

DIJBLINDIVISION
MORRIS SCOTT HOLMES,
Plaintiff,

cv 312-099
Doctor DALRYMPLE, JohnsonState
Prison,et al.,
Defendants.

ORDDR

After a careful, de novo review of the frle, the Court concurswith the Magistrate
to
Judge's Reporl and Recommendation, which objectionshave been filed (doc. no. 41).
ofthe MagistrateJudgeis ADOPTED asthe
Accordingly, the Repon andRecommendation
opinion of the Cout. Therefore,DefendantMorales' motion to dismissis GRANTED (doc.
no. 25), Defendant
Morales'motionto stay is deniedas MOOT (doc.no. 26), Plaintiffs
motion to amend his responseand his motion to dismiss Defendant Morales'motion to
dismissis deniedasMOOT (doc.nos.30, 32), Plaintiff s retaliationclaim against
Defendant
Morales is DISMISSED

WITHOUT

PRIJUDICE,

and Defendant Morales is

DISMISSEDfrom lhisaclion.

SOORDERED
this.ld?ay of

LTNITEDST

2013, Augusta,
at
Georgia.

DISTRICT