Mitchell v. Stirling et al

Filing 27

ORDER RULING ON 23 REPORT AND RECOMMENDATION, 19 Motion to Dismiss for Failure to State a Claim, filed by Bryan Stirling, Warden Dunlap, Lavern Cohen. The Court adopts the Report and Recommendation as its opinion, grants Plaintiffs request to amend his complaint, and denies Defendants motion to dismiss as moot. Signed by Honorable Patrick Michael Duffy on 11/29/2017. (egra, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Courtney Ray Mitchell, #363135, Plaintiff, v. Bryan Stirling, South Carolina DOC; Warden Dunlap, Warden of Kershaw; and Lavern Cohen, Warden of Ridgeland, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) C.A. No.: 1:17-cv-2086-PMD-SVH ORDER This matter is before the Court on United States Magistrate Judge Shiva V. Hodges’ report and recommendation (“R & R”) (ECF No. 23). The Magistrate Judge recommends that the Court grant Plaintiff’s request to amend his complaint, that Plaintiff be directed to file his amended complaint by December 8, 2017, and that Defendants’ motion to dismiss be denied as moot. No party filed objections to the R & R. The Court has reviewed the R & R for clear error and finds none. Accordingly, the Court adopts the R & R as its opinion, grants Plaintiff’s request to amend his complaint, and denies Defendants’ motion to dismiss as moot. AND IT IS SO ORDERED. November 29, 2017 Charleston, South Carolina

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