Riley v. Vaughn et al

Filing 24

ORDER ADOPTING 20 Report and Recommendations, granting 13 Motion to Dismiss, and dismissing 22 Motion for Certificate of Appealability. Signed by Judge J. Randal Hall on 09/20/2016. (maa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION ADRIAN B. RILEY, Plaintiff, CIVIL ACTION NO.: 6:15-cv-29 v. DR. ENINMWABUEZE; and ROY SABINE, Medical Director at Georgia State Prison, Defendants. ORDER Presently before the Court is the Magistrate Judge's August 15, 2016, Report and Recommendation, (doc. 20), to which Plaintiff failed to file Objections. After a de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation and ADOPTS the Report and Recommendation as the opinion ofthe Court. The Court GRANTS Defendants' Motion to Dismiss, DISMISSES Plaintiffs Complaint, and DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. In addition, the Court DENIES Plaintiffleave to proceed informa pauperis on appeal. Plaintiff also filed a Motion for Certificate of Appealability. (Doc. 22.) The Court DISMISSES Plaintiffs Motion as moot, as a certificate of appealability is not necessary for an appeal ofthis 42 U.S.C. ยง 1983 action. Further, Plaintiff filed aNotice ofAppeal and his instant Motion rather than Objections to the Magistrate Judge's Report and Recommendation, despite being specifically informed that he was not to do so. (Doc. 20, p. 10.) To the extent either of these pleadings can be deemed Objections to the Magistrate Judge's Report and Recommendation, the Court OVERRULES Plaintiffs "Objections". SO ORDERED, this ^?<^dav of September, 2016. HONORABLE J. RANDAL HALL UNITED STATES DISTRICT JUDGE iRN DISTRICT OF GEORGIA

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