Reynolds v. Minter et al

Filing 25

ORDER ADOPTING the 23 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Pelligrini's 17 Motion to Dismiss, dismissing Reynolds' claims against the anonymous defendants and dismissing the Savannah Police Department, dismissing Plaintiff's 1 Complaint in its entirety, and directing the Clerk of Court to close this case. Signed by Chief District Judge R. Stan Baker on 03/07/2025. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
TERRY DARNELL REYNOLDS,
Plaintiff,

CIVIL ACTION NO.: 4:24-cv-40

v.
VINCENT PELLIGRINI, et al.,
Defendants.
ORDER
After a careful de novo review of the entire record, the Court concurs with the Magistrate
Judge's January 31, 2025, Report and Recommendation, (doc. 23), to which plaintiff has not filed
an objection. Reynolds’ objections to the Report and Recommendation were due no later than
February 18, 2025. 1 (Id.); see also, 28 U.S.C. § 636(b)(1)(C), Fed. R. Civ. P. 72(b). On March
4, 2025, 2 Reynolds filed a request to extend his deadline to submit objections. (See doc. 24.)
The Motion concedes that Reynolds received the service copy prior to the February 18 deadline,
(id., p. 1 (acknowledging receipt on Feb. 11, 2025)), and the only reason given for the requested
extension is Plaintiff’s lack of legal education, (id., p. 2). Although pro se parties are entitled to
have their filings liberally construed by the Court, “[l]iberal construction does not mean liberal

1

The Report and Recommendation was entered on January 31, 2025. (Doc. 23.) Fourteen days from
that date was February 14, 2025. The Federal Rules provide an additional three days to any deadline
calculated from the date of service by mail. Fed. R. Civ. P. 6(d). Thus, the deadline would have been
February 17, 2025. However, since February 17 fell on a legal holiday, the Federal Rules extended the
deadline to the next day, Tuesday, February 18, 2025. Fed. R. Civ. P. 6(a)(1)(C).

2

Although Reynolds signed the motion on February 14, 2025, (doc. 24, p. 2), and it was postmarked on
February 18, 2025, (id., p. 4), since Plaintiff is not incarcerated, he is not entitled to any “mailbox rule.”
His submission is filed when the Clerk received it. See, e.g., Wilson v. Johnson, Civ. Act. No. 2:23-cv254-TFM-MU, 2024 WL 3297072, at *1 (S.D. Ala. July 3, 2024).

deadlines.” Wayne v. Jarvis, 197 F.3d 1098, 1104 (11th Cir. 1999) (citation omitted), overruled
on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). Since Reynolds’ Motion
does not show any good cause for his failure to object timely to the Report and Recommendation,
it is DENIED. (Doc. 24); see also, e.g., Fed. R. Civ. P. 6(b). Accordingly, the Court ADOPTS
the Report and Recommendation as its opinion. (Doc. 23.) Defendant Pelligrini’s Motion to
Dismiss is GRANTED. (Doc. 17.) Moreover, for the reasons explained by the Magistrate
Judge, Reynolds’ claims against the anonymous defendants and Savannah Police Department are
also DISMISSED. (Doc. 23, pp. 1 n. 1, 13 n. 6, 15.) Plaintiff’s Complaint is DISMISSED in
its entirety. (Doc. 1.) The Clerk of Court is DIRECTED to CLOSE this case.
SO ORDERED, this 7th day of March, 2025.

R. STAN BAKER, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

2