Bostic Senior v. Davis et al

Filing 5

ORDER finding as moot 3 Report and Recommendations.. Signed by Judge Gregory L. Frost on 4/19/16. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
TEDDY GLEN BOSTIC SENIOR,
Case No. 2:15-cv-3029
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

Plaintiff,
v.
JEANETTE ARLENE DAVIS, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s Report and
Recommendation (“R&R”) dated February 29, 2016. (ECF No. 3.) In that filing, the Magistrate
Judge recommended that the Court dismiss Plaintiff’s complaint under 28 U.S.C. § 1915(e)(2)
with leave to amend. Plaintiff did not object to the R&R; however, he filed an amended
complaint within thirty days of the R&R.
The amended complaint moots the R&R. The Court DIRECTS the Clerk to remove the
R&R from the Court’s list of pending filings. (ECF No. 3.)
The R&R states: “[The] amended complaint, like the present one, will . . . be reviewed to
see if it is sufficient to state a claim before the Court will order that it be served on the
defendants.” (ECF No. 3, at PAGEID # 30.) The Court accordingly DIRECTS the Magistrate
Judge to conduct an initial screen of Plaintiff’s amended complaint pursuant to 28 U.S.C. §
1915(e)(2) and issue a report and recommendation.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE