Clayton v. Williams et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
EARNEST BARNARD CLAYTON,
CIVIL ACTION NO.: 6:17-cv-70
STANLEY WILLIAMS, et al,
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
day of December, 2017.
J. RANBAE, HALL, CHIEF JUDGE
UNITEDyTATES DISTRICT COURT
iRN DISTRICT OF GEORGIA
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