Mapp v. Georgia Department of Corrections et al

Filing 73

ORDER granting in part and denying in part 58 Motion to Dismiss; adopting Report and Recommendations re 59 Report and Recommendations. Mapp's monetary damage claims against Burnette in his official capacity are dismissed. Signed by Judge B. Avant Edenfield on 3/29/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
AL RICO MAPP,
Plaintiff,
v.

6: 10-cv-90

JOE BURNETTE, Deputy Warden,
Defendant.

After a careful de novo review of the
record in this case, the Court concurs with
the uncontested R&R. See Doc. 59.
Accordingly, the R&R is adopted as the
opinion of the Court. Burnette’s Motion to
Dismiss, see Doc. 58, is GRANTED in part,
DENIED in part. Mapp’s monetary damage
claims against Burnette in his official
capacity are dismissed. Mapp’s other claims
against Burnette remain pending Mapp’s
already untimely submission of more
detailed allegations.

ORDER
Plaintiff Al Rico Mapp (“Mapp”) moves
for an extension of time to respond to the
Magistrate Judge’s Report and
Recommendation (“R&R”) recommending
dismissal of Mapp’s claims against
Defendant Joe Burnette (“Burnette”) in his
official capacity. See Doc. 71. Mapp’s
motion discusses various technological
problems with which his counsel has been
struggling. See id. at 1-2. Mapp has already
moved for and been granted two extensions
of time to respond to the R&R, once on
account of the same issues. See Docs. 61;
64; 68; 70.
Mapp’s motion does not indicate how
his counsel’s technological difficulties
rendered her unable to file an objection.
These complications, as irksome and as
inconvenient as they can be, should not have
delayed counsel this long. In light of
Mapp’s previous extensions of time, the
duration of this case, and the simplicity of
the filings requested from Mapp, the Court
DENIES Mapp’s latest motion for an
extension of time. See Doc. 71.

This 29th day of March 2012.

R AVANT EDFNFIFLO, JIJDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA