SMITH v. CHENEY et al

Filing 9

ORDER directing service of the R&R on all parties - re 8 REPORT AND RECOMMENDATIONS re 1 Complaint filed by MICHAEL GARY SMITH, 2 MOTION for Leave to Proceed in forma pauperis filed by MICHAEL GARY SMITH. Signed by Magistrate Judge Brian K. Epps on 3/13/15. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION MICHAEL GARY SMITH, ) ) Plaintiff, ) ) v. ) ) DR. MURRAY CHENEY, Helena, Georgia; ) MARIE YAWN; WARDEN WILLIAM ) C. DANFORTH; DEPARTMENT OF ) CORRECTIONS; and LAURIE, ) ) Defendants. ) _________ CV 315-026 ORDER _________ Let a copy of this Report and Recommendation be served upon counsel for the parties. Any party who objects to this Report and Recommendation or anything in it must file, not later than March 30, 2015, written objections specifically identifying the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.1 The Clerk will submit this Report and Recommendation together with any objections to United States District Judge Dudley H. Bowen, Jr., on March 31, 2015. Failure to file specific objections within the specified time means that this Report and Recommendation may become the opinion and order of the Court, Devine v. Prison Health Servs., Inc., 212 F. App’x 890, 892 (11th Cir. 2006), and may limit a party’s appellate rights. Dupree v. Warden, 715 F.3d 1295, 1300 (11th Cir. 2013). 1 A copy of the objections must be served upon all other parties to the action. Requests for extension of time to file objections to this Report and Recommendation shall be directed to Judge Bowen. A party may not appeal a Magistrate Judge’s recommendation directly to the United States Court of Appeals for the Eleventh Circuit. Appeals may be made only from a final judgment entered by the District Judge. SO ORDERED this 13th day of March, 2015, at Augusta, Georgia. 2

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