Opinion
No. 3:15-0266
06-09-2015
COREY ALAN BENNETT, Plaintiff v. WARDEN TONY PARKER, et al., Defendants
Judge Campbell/Brown RECOMMENDATION
The Plaintiff in this matter has filed a motion to dismiss the Defendant Javin Griffin (Docket Entry 14) on the grounds that he made a mistake in naming this Defendant as an officer involved in the alleged misconduct against him.
The docket sheet indicates that a summons has been issued for Officer Griffin and no response has been filed. Accordingly, the Plaintiff is entitled to dismiss his claims against this Defendant without prejudice, and the Magistrate Judge so RECOMMENDS.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has 14 days from receipt of this recommendation in which to file any written objections to this recommendation with the District Court. Any party opposing said objections shall have 14 days from receipt of any objections filed in this report in which to file any responses to said objections. Failure to file specific objections within 14 days of receipt of this recommendation can constitute a waiver of further appeal of this recommendation. Thomas v. Arn, 474 U.S. 140 106 S. Ct. 466, 88 L.Ed.2d 435 (1985), Reh'g denied, 474 U.S. 1111 (1986).
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge