Oluigbo-Bernards v. The GEO Group, Inc. et al

Filing 10

ORDER ADOPTING 8 Report and Recommendations of the Magistrate Judge as the opinion of the Court, and OVERRULES Plaintiff's Objections. The Court DISMISSES Plaintiff's Complaint and DENIES Plaintiff leave to appeal in forma pauperis. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 2/24/2017. (ca)

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(Kmteb ^tatesi Btsitrict Conrt Jfor ti^e ^otttliem BtiEftrttt ot ([i>eorsta ^apcrosesi Btlitfi(ton FESTUS OLUIGBO-BERNARDS, * * * Plaintiff, CIVIL ACTION NO.: 5:16-cv-73 * * * THE GEO GROUP,INC.; and D.RAY JAMES CORRECTIONAL FACILITY, * * * Defendants. * ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's January 3, 2017, Report and Recommendation, dkt. no. 8, to which Plaintiff has filed Objections, dkt. no. 9. The Magistrate Judge correctly concluded that Plaintiff cannot bring claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against a private entity and facility. Plaintiff's remedy, if any, lies in state court. Plaintiff's Objections entirely fail to address these grounds for dismissal. Accordingly, the Court OVERRULES Plaintiff's Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court DISMISSES Plaintiff's Complaint and DENIES Plaintiff leave to appeal in forma pauperis. A0 72A (Rev. 8/82) The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this day of LISA GOp^m WOOD, CHIEF JUDGE UNITED/states DISTRICT COURT SOUTHER]/ DISTRICT OF GEORGIA A0 72A (Rev. 8/82) , 2017

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