Love v. State of Georgia

Filing 10

ORDER granting re 9 Motion to Reinstate. This Court's order re 5 adopting the Magistrate Judge's Report and Recommendation is VACATED IN PART. In addition, this Court's Order re 8 denying Plaintiff's objection to the Report and Recommendation is VACTED. Plaintiff is DIRECTED to amend his complaint within 21 days from the date of this Order. The Clerk is DIRECTED to reopen this case. Signed by Judge William T. Moore, Jr on 7/11/18. (loh)

FiLED

IN THE UNITED STATES DISTRICT COURT

SAwSaH

THE SOUTHERN DISTRICT OF GEORGIA

'

SAVANNAH DIVISION

*

20I8JULII PM Ii? I|5

DAVID LAMARR LOVE,

CLERK.

SOrDTST.~DF GA.
Plaintiff,
CASE NO. CV418-122

V.

STATE OF GEORGIA,
Defendant.

ORDER

On May 24, 2018, Plaintiff filed a complaint alleging a variety
of

civil

rights

violations.

(Doc.

1.)

On

June

5,

2018,

the

Magistrate Judge screened Plaintiff's complaint and issued a Report
and

Recommendation

recommending

dismissal

of

Plaintiff's

claims.

(Doc. 5.) The Magistrate Judge concluded that Plaintiff's claims
failed because (1) the State of Georgia was immune from suit; and

(2) Plaintiff's claims originated from events occurring in 2015 and
were, therefore, untimely. (Id.)

On June 26, 2018, this Court adopted the Magistrate Judge's

Report and Recommendation without objection. (Doc. 5.) Two days
later, the Court received Plaintiff's objections to the Report and
Recommendation.

(Doc.

7.)

The

Court

considered

Plaintiff's

objections and concluded that there was no reason to disturb its
prior

order

adopting

the

Magistrate

Judge's

Report

and

Recommendation. (Doc. 8.)

Now, Plaintiff has filed a Motion to Reinstate. (Doc. 9.) In
his current motion. Plaintiff argues that his complaint should not