Clayton v. Williams et al

Filing 12

ORDER Overruling Plaintiff's objections and ADOPTING 10 Report and Recommendations. Plaintiff's complaint is dismissed without prejudice and the Court denies leave to proceed ifp on appeal. This case stands Closed. Signed by Chief Judge J. Randal Hall on 12/6/2017. (pts)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION EARNEST BARNARD CLAYTON, Plaintiff, CIVIL ACTION NO.: 6:17-cv-70 v. STANLEY WILLIAMS, et al, 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. 10), to which Plaintiff filed Objections, (doc. 11). Plaintiffs Objections are largely a reiteration of his arguments that he has already presented and which the Magistrate Judge correctly rejected. Plaintiff also requests another chance to amend his deficient Amended Complaint, but the Court has already given Plaintiff that very opportunity, (doc. 8). As the Magistrate Judge explained in the Report and Recommendation, Plaintiff failed to adhere to the Court's directives and offered yet another deficient Complaint, (doc. 9.) Moreover, allowing Plaintiff leave to amend again would befutile as he fails to explain how he will cure the deficiencies in his Complaint, and he continues to stand by many of the same failed claims that the Magistrate Judge correctly rejected. In light of Plaintiffs disregard of this Court's Orders and the rules of pleading, a sanction other than dismissal will not suffice. Accordingly, the Court OVERRULES Plaintiffs Objections and ADOPTS the Report and Recommendation as the opinion ofthe Court. The Court DISMISSES Plaintiffs Complaint WITHOUT PREJUDICE and DENIES Plaintiff leave to proceed informa pauperis on appeal. The Court further DIRECTS the Clerk of Court to enter the appropriate Judgment of Dismissal and to CLOSE this case. SO ORDERED, this '0 day of December, 2017. J. RANBAE, HALL, CHIEF JUDGE UNITEDyTATES DISTRICT COURT iRN DISTRICT OF GEORGIA

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?