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, )

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