Field v. Georgia Department of Corrections et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of this Court and dismissing Plaintiff's claim. for 10 Report and Recommendations. Signed by Judge B. Avant Edenfield on 5/17/2010. (loh)

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IN THE UNITED STATES DISTRICT C6dWY'JP-

FOR THE SOUTHERN DISTRICT OF GEOV
STATESBORO DIVISION

,DIS10FGA,

ROBERT FIELD, Plaintiff,
V.

CIVIL ACTION NO.: CV6I0-018

GEORGIA DEPARTMENT OF CORRECTIONS, and SMITH STATE PRISON, Defendants.

ORDER

After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that the Magistrate Judge's Report overlooked certain factual allegations in Plaintiff's complaint and that his claims against the Georgia Department of Corrections ("GDOC") and Smith State Prison should be allowed to proceed. As noted in the Report, the Eleventh Amendment immunizes the GDOC from suit, and Smith State Prison is not a legal entity subject to suit. Plaintiff's Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court.

AO 72A (Rev. 8/82)

Plaintiff's complaint is DISMISSED. The Clerk is authorized and directed to enter the appropriate Judgment. SO ORDERED, this /4dayof ,2010.

B.AVANT E[ UNITED STA SOUTHERN

IELD, JUDGE DISTRICT COURT RICT OF GEORGIA

AO 72A (Rev. 8/2)

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