Daniels v. Upton et al

Filing 70

ORDER adopting 65 Report and Recommendations and overruling objections. The Court grants 34 Motion to Dismiss; dismisses Plaintiff's complaint; dismisses as moot all other pending Motions; and denies 64 Motion for Leave to Appeal in forma pauperis. The Court directs the Clerk of Court to enter an appropriate judgment of dismissal and to close this case. Signed by Chief Judge J. Randal Hall on 08/28/2017. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION XAVIER DANIELS, Plaintiff, CIVIL ACTION NO.: 6:16-cv-94 v. MANAGER UPTON; WARDEN ROBERT TOOLE; and STANLEY WILLIAMS, 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. 65), to which Plaintiff filed Objections, (doc. 67). Plaintiffs Objections are largely a reiteration—in a more conclusory fashion—of the arguments already presented and which the Magistrate Judge correctly rejected. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as the opinion of the Court and OVERRULES Plaintiffs Objections. The Court GRANTS Defendants' Motion to Dismiss, (doc. 34), DISMISSES Plaintiffs Complaint, DISMISSES AS MOOT all other pending Motions, and DENIES Plaintiff leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk of Court to enter an appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this ^i^dav ofAugust, 2017. J. RANOAUHALL, CHIEF JUDGE UNITEDSTATES DISTRICT COURT IsOTJTHERN DISTRICT OF GEORGIA

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