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)

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. § 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