Berry v. Johnson et al

Filing 8

ORDER ADOPTING the Magistrate Judge's 6 Report and Recommendation as the Opinion of the Court. Plaintiff's 7 Motion to Amend/Correct 1 Complaint is DISMISSED as moot. The Court DISMISSES without prejudice Plaintiff's Complaint for failure to prosecute and DENIES Plaintiff in forma pauperis status on appeal. The Court DIRECTS the Clerk of Court to CLOSE this case and to enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 10/23/2017. (csr)

Ifn

tlSniteb States! Btsitrtct Court

:lfor tbe ^outbem I9ts(trtct of (i^eorsia
^apcrosis; Btbtsiton
DELWIN BERRY,

Plaintiff,

CIVIL ACTION NO.: 5:17-cv-39

V.

BRYSON; EDWINA JOHNSON; AMMOS
TAYLOR; WILLIAM DANFORTH; TOM
GRAMIAK; TIMOTHY ALLEN WARD;
and COMMISSIONER BRIAN OWENS,
Defendants.

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's

Report and Recommendation, dkt. no. 6, to which Plaintiff failed

to file Objections.^

Accordingly, the Court ADOPTS the

Magistrate Judge's Report and Recommendation as the opinion of
the Court.

The Court DISMISSES withou-b prejudice Plaintiff's

Complaint for failure to prosecute and DENIES Plaintiff in forma

^

Plaintiff filed a Motion to Amend after the Magistrate Judge issued

his Report and Recommendation.
Dkt. No. 7. This pleading is not
responsive to the Report and Recommendation.
In addition. Plaintiff's
Motion to Amend is DISMISSED as moot, as he failed to pay the

requisite filing fee or move to proceed in forma pauperis in this
cause of action, thus underscoring the Magistrate Judge's
recommendation for dismissal of Plaintiff's Complaint.
\0 72A

:Rev. 8/82)

pauperis status on appeal.

The Court DIRECTS the Clerk of Court

to CLOSE this case and to enter the appropriate judgment of
dismissal.

SO ORDERED, this

day of^

HON.

LI

UNITED

2017.

GODBEY WOOD,
TATES

JUDGE

DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

A0 72A

(Rev. 8/82)