HOLMES v. Williams, et al

Filing 27

ORDER adopting the 25 Magistrate Judge's Report and Recommendation as the opinion of the Court and overruling Plaintiff's 26 Objections; dismissing Plaintiff's Complaint, as amended, without prejudice; furthermore, denying Plaintiff leave to appeal in forma pauperis; and authorizing and directing the Clerk of Court to close this case and to enter an appropriate judgment of dismissal. Signed by Judge J. Randal Hall on 11/12/2015. (jah) Modified on 11/12/2015 (jah).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION DERRICK PAUL HOLMES, Plaintiff, CIVIL ACTION NO.: 6:15-cv-12 v. WARDEN STANLEY WILLIAMS; MR. MOURAD; JAMES DEAL; MR. SMOKES; MS. MARTIN; SARGENT CAS; EARL TOPPINGS; RICHARD BUNCH; JOHNNY DAVIS; ERIC YONG; CARLOS DELGADO; OFFICER WEST; UNIT MANAGER BLAND; OFFICER SANDERS; DR. COOK; CERT TEAM WHITEFIELD; OFFICER GEORGE; UNKNOWN CERT TEAM MEMBERS; OFFICER JONES; UNKNOWN SMITH STATE PRISON NURSES; TOOL; TOUCHA; COCHA; BRIAN OWENS; and NATHAN DEAL, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, (doc. 25), to which objections have been filed. Accordingly, the Court ADOPTS theReport and Recommendation of the Magistrate Judge as the opinion of the Court and OVERRULES Plaintiffs Objections (doc. 26). Plaintiffs Complaint, brought pursuant to 42 U.S.C. ยง1983, is DISMISSED WITHOUT PREJUDICE. Furthermore, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Court DENIES Plaintiff leave to appeal in forma pauperis. The Clerk of Court is hereby authorized and directed to CLOSE this case and to enter an appropriate judgment of dismissal. SO ORDERED, this Z^^av ofNovember, 2015. HONORABLE J. RANDAL HALL UNITED SffATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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