MORRIS v. MORALES et al

Filing 108

ORDER granting in part and denying in part 91 Motion to Dismiss; adopting 105 Report and Recommendations. Therefore, claims against Defendant Morales are dismissed and he is dismissed from the case. Defendant Ajibade's portion of the motion to dismiss is denied and he has until 9/4/15 to respond to the amended complaint 107 . Signed by Judge Dudley H. Bowen on 8/24/15. (cmr)

ORICINALu.s.nisrfltEieaunt
5iJG'JS OIV.
iA
tril trn

DISTRICT
C0URT20li 2lr Pl'l 3:
IN THEUNITED
STATES
AUG
OF
FORTIIE SOL'TMRN DISTRICT GEOR
DUBLINDIVNION
ISAAC MORRIS,
Flaintitf,

cv 315-004
StatePrison,
JOSEMOR{ES, Jchnson
and
in his individualandofficiai capacities,
Prison,
State
CALEB AJIB,ADE,Johnson
individu'rlandofficial capacities,
in his
Defendants.
OR.DER
rvith the Magistrate
Judge's
After a careful,de novoteviel of tlie file, the Coutt concurs
havebeenhled. According{y,the Court
to
Reportand Recommendation, which no objections
of
ADOPTS the Report and R-ec'ommendation the Magistl'ateJudge as its opinion, and
motion to
GRANTS IN PAR.T and DENIBS Il{ PART Defendants'renewedpre-answer
dismiss. (Doc. no. 91.)

The Court DISMISSES Plaintiff s claim agaitrstDefenelant

Morales from this case,DE|I{IES the motion to dismiss
Morales, DISMISSES Det-endant
Ajibade, an<l
GRANTS Plaintiff leaveof
s
with respectto Plaintif't- claim againstDefendant
court ro iile an amendedcomplaint clarifying the allegationsagainstDefendantAiibade.
Notably. PlaintifYhas already filed an amendedcomplaint againstDefendantAjibade in
for
Judge'sReportand Recomniendation leaveto amend. (Doc.
to
1€spofise the lvfagistrate

no. 107.) Defendant Ajibade has until September4th" 2015. to respondto Plaintiifs
amended
complaint.

S()onDsReodiisl

Georgia.
dayof August,2015,at Augusta.