Jackson v. Jackson et al

Filing 66

REPORT AND RECOMMENDATIONS re: dismissing 39 MOTION for Summary Judgment filed by Melvin James Jackson. Objections to R&R due by 12/8/2009. Signed by Magistrate Judge James E. Graham on 11/20/09. (slt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA-- WAYCROSS DIVISION

U.S. DST::T Southern Dmc Filed in Office

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MELVIN JAMES JACKSON, Plaintiff,
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CIVIL ACTION NO.: CV508-01 I

DON JACKSON, Warden; Dr. CHARLES HARDEN, and JUDY L. EDGY, PA, Defendants

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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff filed a Motion for Summary Judgment on August 21, 2009. Defendants were not served with the Complaint until a few days later. On October 7, 2009, Defendants Edgy and Harden timely filed their Answers. Two days later, Defendant Jackson timely filed his Answer. On October 22, 2009, Plaintiff filed an additional Motion for Summary Judgment, which was identical to the one filed on August 21. Courts have broad discretion in controlling their dockets. Link v. Wabash Railroad Co., 370 U.S. 626, 633 n. 8 (1962). Plaintiff's first Motion for Summary Judgment was filed before Defendants were served with the Complaint. It would not be in the interests of justice to expect Defendants to timely respond to a Motion for Summary Judgment that was filed prior to service of the Complaint; nor would it be in the interests of justice to require Defendants to respond to both of Plaintiff's identical Motions for Summary Judgment.

AO 72A (Rev. 8/82)

CONCLUSION Based on the foregoing, it is my RECOMMENDATION that Defendants' Motion for Summary Judgment filed on August 21, 2009 (Doc. 39) be DISMISSED. SO REPORTED AND RECOMMENDED, this

1iy of November, 2009.

MES E. GRAHAM NITED STATES MAGISTRATE JUDGE

A072A (Rev. 8/82)

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