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)

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