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)

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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

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