Kennedy v. Arresting Officer WPD Lee et al

Filing 35

ORDER ADOPTING 30 Report and Recommendations of the Magistrate Judge. The Defendants' 22 and 25 Motions to Dismiss are granted. The Plaintiff's Complaint is dismissed, without prejudice. Once the Plaintiff's criminal charges have been resolved, he may re-file his cause of action, if he desires. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 9/30/2013. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION TITUSL. KENNEDY, Plaintiff, CIVIL ACTION NO.: CV513-014 V. JOHN T. LEE and CRAIG COLLEY, Deputy, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation. Plaintiff filed a pleading in response to this Report and Recommendation, which was docketed as his Objections to the Magistrate Judge's Report and Recommendation. Each of the Defendants filed a Response to Plaintiff's pleading. A review of Plaintiffs pleading indicates that Plaintiff does not offer an actual objection to the Magistrate Judge's Report, as this pleading is not responsive to the Report. However, to the extent this pleading can be construed as Plaintiffs Objections to the Magistrate Judge's Report and Recommendation, Plaintiffs Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendants' Motions to Dismiss are GRANTED. Plaintiff's Complaint is DISMISSED, without prejudice. Once Plaintiffs criminal charges have AO 72A (Rev. 8/82) been resolved, he may re-file his cause of action, if he desires. The Clerk of Court is directed to enter the appropriate judgment of dismissal. SO ORDERED, this day of 2013. LISA GEJBEY WOOD, CHFEJUDGE UNITb STATES DISTRICT COURT 60U'tHERN DISTRICT OF GEORGIA AO 72A (Rev. 8/82)

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