Beaubrun v. Dodge State Prison et al

Filing 36

ORDER vacating re 28 Report and Recommendations; dismissing as moot re 33 Motion for Extension of Time to File Response as to 28 REPORT AND RECOMMENDATION. The Court screens Plaintiff's second amended complaint as to Defendants Bray and Bentley in a simultaneously entered R&R. Signed by Magistrate Judge Brian K. Epps on 5/18/23. (loh)

Case 3:22-cv-00097-DHB-BKE Document 36 Filed 05/18/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
THONY BEAUBRUN,
Plaintiff,
v.
LIEUTENANT BRAY and OFFICER
BENTLEY,
Defendants.

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CV 322-097

ORDER
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On March 13, 2023, United States District Judge Dudley H. Bowen, Jr. issued an Order
finding Plaintiff asserted a failure to intervene claim against Defendants Bray and Bentley that
had not been addressed in the Court’s Report and Recommendation (“R&R”), and Plaintiff
had not been given a reasonable opportunity to amend his pleadings to establish a deliberate
indifference claim against the same two Defendants. (Doc. no. 27, p. 2.) Defendants Dodge
State Prison, Warden Tommy Bowen, and Counselor Bray were to remain dismissed. (Id. at
3.) Judge Bowen granted Plaintiff’s motion for reconsideration, vacated in part the February
3rd Adoption Order, re-opened the case, and ordered Plaintiff to amend his complaint within
twenty-one days. (Id. at 5.) Plaintiff, however, did not submit a second amended complaint
as ordered. On April 18, 2023, the Court entered an R&R to screen Plaintiff’s first amended
complaint as to the claims against Defendants Bray and Bentley, recommending that
Defendants Bray and Bentley be dismissed for failure to state a claim upon which relief may
be granted and that the civil action be closed. (Doc. no. 28.)

Case 3:22-cv-00097-DHB-BKE Document 36 Filed 05/18/23 Page 2 of 2

Plaintiff has now submitted his second amended complaint, (doc. no. 30), and the Court
therefore VACATES the April 18th R&R. (Doc. no. 28.) Accordingly, Plaintiff’s motion
for an extension of time to object to the April 18th R&R is MOOT. (Doc. no. 33.) The Court
screens Plaintiff’s second amended complaint as to Defendants Bray and Bentley in a
simultaneously entered R&R.
SO ORDERED this 18th day of May, 2023, at Augusta, Georgia.

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