Floyd v. Berry et al

Filing 15

ORDER adopting 12 Report and Recommendations; Therefore, denying 13 Motion for Discovery. The Court DISMISSES Plaintiffs Complaint without prejudice and DENIES Plaintiff leave to proceed in forma pauperis on appeal. This case is CLOSED. Signed by Judge J. Randal Hall on 12/19/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

EDDIE FRANK FLOYD, III,

Plaintiff,

CIVIL ACTION NO.: 6:16-cv-l 19

KIMBERLA BERRY; DOUG WILLIAMS,
Warden; MRS. CUCUMBER, Kitchen
Director; and MRS. COOK, Kitchen Director,
Defendants.

ORDER

Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and
Recommendation dated November 4, 2016, (doc. 12). After an independent and de novo review

of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation.

The Court notes Plaintiffs Objection that he attempted to comply with the Court's directives to

submit his prisontrust fund account information but was unable to do so. However, Plaintiffhas
still not submitted his prisontrust fund account information, despite the Court giving him several

opportunities to do so. Moreover, as the Magistrate Judge advised Plaintiff on more than one
occasion, the Court is unable to proceed with this case without Plaintiffs financial information.
(Id at pp. 4-5.)

Accordingly, the Court ADOPTS theMagistrate Judge's Report andRecommendation as

the opinion of the Court and OVERRULES Plaintiffs Objections. The Court DISMISSES

Plaintiffs Complaint without prejudice and DENIES Plaintiff leave to proceed in forma

pauperis on appeal.

The Court DISMISSES as moot Plaintiffs Motion for Discovery.

(Doc. 13.) The Court DIRECTS the Clerk of Court to enter the appropriate judgment of
dismissal and to CLOSE this case.

SO ORDERED, this jr\m ofDecember, 2016.

HONORABLE^ RANDAL HALL
UNITED STATES DISTRICT JUDGE

-SOUTHERN DISTRICT OF GEORGIA