Paine v. Kemp et al

Filing 23

ORDER adopting 20 Report and Recommendations. Therefore, the case is dismissed without prejudice, and this civil action is closed. Signed by Judge Dudley H. Bowen on 7/10/13. (cmr)

ORIGINAL
DISTRICT
COURT
IN THE UNITEDSTATBS

FILED
U . S . I S T R IC O U R T
O
CT
OIV.
"\IISUSTA

?0l3JUL AHil:
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t3

DISTRICT GEORGIA
OF
FORTHESOUTHERN
c' to*
---"'i6. C-^Ag[c*
DIVISION
DUBLTN
d'Bm'FT[.-HEZEKIAHPAINE,
Plaintiff,

)
)
)
)

cv 313-029
DEPUTY COMMISSIONER RALPH
KEMP, et a1.,
Def'endants.

ORDER

After a careful, de novo review of the file, the Court concurswith the Magistrate
("R&R'), to which no objectionshavebeen filed. In
Judge'sRepon and Recommendation
that Plaintiff s complaint be dismissedfor
his R&R, the Magistrate Judgerecommended
failure to comply with the terms of an Order enteredon May 8, 2013, that directedPlaintiff
to submit an amendedcomplaint within thirly (30) daysdue to pleading deficiencies. (See
generallydoc. nos. 19,20.) Although Plaintiffhas now submittedan amendedcomplarnt,
it is datedJune 14,2013, indicating that Plaintiff did not actuallyprepareor file it until after
the
expiredon June7,2013. (Doc. no. 22,p.5.) Moreover,despite
the specified
deadline
MagistrateJudge's clear instructionsto attachno more than six handwritten pagesto the
elevenindividually-numberedand
amended
complaint (doc. no. 19, p. 4). Plaintiff attached
handwrittenpagesto the same. (Id. at 6-16.)
In short, Plaintiff s untimely amendedcomplaint is exhibitive of his persistentand
oved non-compliancewith Court Orders,and it thereforeprovides no basis for deviation

that
from the MagistrateJudge'srecommendation the instantcasebe dismissedfor that very
reason. Accordingly, the Magistrate Judge's R&R is ADOPTED as the opinion of the
Court. Therefore, this case is DISMISSED rvithout prejudice, and this civil action is
CLOSED.

trrl.
Georgra.
SOORDERED @Yv o*)r. ,otr. atAugusta,

UNITEDSTA