ELLIS v. OLIVER et al
ORDER denying 38 Motion to Withdraw ; denying 40 Motion; denying 42 Motion for New Trial; denying 45 Motion to Strike. Signed by Judge Dudley H. Bowen on 09/14/2020. (maa)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
U.s. DISTRICT COURT
2D2I! SEP 1M A 10= 00
MS. OLIVER, Nurse Practitioner; *
DEPUTY WARDEN GIBBONS, Security; *
ANTHONY CALDWELL, Warden;
MS. CARSWELL, Mail Officer;
MS. MESSER, Deputy Warden of
Administration; MS. BRAGGS,
Chief Counsel; AGENTS; JOHN
AND OR JANE DOES, Johnson State
Prison; JOHN AND OR JANE DOES,
Medical Administrator; and
Before the Court are pro se Plaintiff Jerome
38 ) ,
motion to strike testimony's
for failure to submit
filed after the Court adopted the United States Magistrate Judge's
Report and Recommendation that Plaintiff's case be dismissed under
For the following reasons,
the motions are denied.
Federal Rule of Civil Procedure 36 and asks the Court to
[his] signature off paper work [he] signed with counsel Roland on
8-12-20 at Johnson State Prison in relation to protential respond
(sic) from Forsyth GA. to grievance [he] filed .
arguments and states objections to the Report and Recommendation .
A request to withdraw an admission under Rule 36, substantive
arguments, and objection to the Report and Recommendation are all
withdraw signature (doc. no. 38) is DENIED.
Plaintiff's second filing attempts to set forth a claim for
deliberate indifference to
demand for jury trial.
even including a
To the extent Plaintiff intends to assert
a new claim, filing a motion in this case is not the proper vehicle
To the extent Plaintiff intends to support the merits
of his initial claim, the time to do so has passed.^
second filing (doc. no. 40) is therefore DENIED.
1 The Report and Recommendation advised Plaintiff that should he
wish "to proceed with the claims raised in this case, he should be
required to initiate a new lawsuit, which would require submission
of a new complaint.
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th
Cir. 2002)." (Doc. No. 25.)
Plaintiff moves for a new trial pursuant to Rules 15,
However, certain grounds must be met for relief to be
59, and 60.
granted under Rules 59 or 60.2
forth any grounds or argument for relief.
motion for new trial (doc. no. 42) is DENIED.
Defendants, apparently on the grounds that he was unable to cross
Plaintiff's Complaint was dismissed pursuant to the
Besides, there is no right to cross examine witnesses
App'x 853, 856 (11th Cir. 2010) (citing Birt v. Montgomery, 690,
Accordingly, Plaintiff's motion to
strike (doc. no. 45) is DENIED.
ORDER ENTERED at Augusta, Georgia, this 14^h day of September,
UNITEDyST^TES DISTRICJ>^DGE "
2 Rule 15 governs the amendment and supplementation of pleadings,
request is untimely.
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