Bandjan v. Walters et al

Filing 14

ORDER ADOPTING 7 Report and Recommendations of the Magistrate Judge. Plaintiff's Objections are sustained, to the extent he wishes to dismiss Defendants Johns, Walter, Clark, and Digiacomo as parties to this cause of action. Otherwise, Plaint iff's Objections are overruled. Plaintiff's 1 COMPLAINT is dismissed based on his failure to state a claim upon which relief can be granted. Plaintiff's 11 Motion to Amend/Correct and Motion to Change Venue are dismissed as moot. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 12/19/2012. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION MOHAMED BANDJAN, Plaintiff, CIVIL ACTION NO.: CV512-119 vs. Warden JOHNS; Ms. WALTERS; Mr, CLARK; Ms. DIGIACOMO; ARMANDO VILLALOBAS; Chief LOPEZ; OMAR LUCIO; JANIE TREVINA; JENNY CAMACHO; and Ms. GATZAR, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which "Objections" have been filed. In his Objections, Plaintiff states that he wishes to dismiss Defendants Johns, Walter, Clark, and Digiacomo. Plaintiff seeks a change of venue from this Court to the District Court for the Southern District of Texas, Brownsville Division, as this is the place where the events giving rise to his Complaint occurred. Plaintiff's Objections are sustained, to the extent he wishes to dismiss Defendants Johns, Walter, Clark, and Digiacomo as parties to this cause of action. Otherwise, Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is AO 72A (Rev. 8/82) DISMISSED based on his failure to state a claim upon which relief can be granted. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Plaintiff's Motion to Amend and his Motion for Change of Venue are DISMISSED as moot. Should Plaintiff wish to pursue his cause of action, he may do so by filing a separate cause of action in a court located in the State of Texas SO ORDERED, this day of 20 LISA GODBEY,WOOD, CHIEF JtJDG UNITED STATES DISTRICT COURT SOUTH ERN,bISTRICT OF GEORGIA AO 72A (Rev 8/82)

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