Simmons v. Williams et al

Filing 105

ORDER ADOPTING 101 Report and Recommendations and DENYING 100 Motion to Dismiss. Signed by Chief Judge J. Randal Hall on 03/06/2018. (maa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

ANTONIO SIMMONS,
Plaintiff,

CIVIL ACTION NO.: 6:14-cv-l 11

V.

WARDEN STANLEY WILLIAMS,et al.
Defendant.

ORDER

After an independent and de novo review of the entire record, the undersigned concurs

with the Magistrate Judge's Report and Recommendation,(doc. 101), to which the parties did
not file Objections. Accordingly, the Court ADOPTS the Report and Recommendation of the
Magistrate Judge as the opinion ofthe Court.

The Court DENIES the portion of Defendants' Motion to Dismiss, or in the Alternative,
Motion to Compel and to Extend the Discovery Period seeking dismissal of Plaintiffs

Complaint. (Doc. 100.) As noted by the Magistrate Judge, Defendants may file a renewed
motion to dismiss in the event Plaintiff fails to appear at his next scheduled deposition or
otherwise fails to fulfill his discovery obligations in good faith.
SO ORDERED,this

day of March,2018.

j. ranMl hall,chief judge

UNITEp'STATES DISTRICT COURT
lERN DISTRICT OF GEORGIA