Opinion
Case No. 1:11-cv-677
03-27-2013
ALFRED K. CLOKE, III, Plaintiff, v. BOBBY YEGGY, et al. Defendants.
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY: (1) ADOPTING THE ORDER AND REPORT AND
RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 63); (2) DENYING
PLAINTIFF'S MOTION TO AMEND THE COMPLAINT (Doc. 58);
(3) GRANTING DEFENDANTS' MOTIONS TO DISMISS (Docs. 37, 46);
(4) DENYING PLAINTIFF'S MOTIONS TO PROCEED TO TRIAL AS MOOT
(Docs. 42, 51); AND (5) CERTIFYING THAT AN APPEAL WOULD NOT BE
TAKEN IN GOOD FAITH AND DENYING PLAINTIFF LEAVE TO APPEAL IN
FORMA PAUPERIS
This case is before the Court on the Order and Report and Recommendations of United States Magistrate Judge Karen L. Litkovitz. (Doc. 63). Plaintiff filed objections to the Report and Recommendations. (Doc. 70). Although Plaintiff objects to certain portions of the Order and Report and Recommendations, he also agrees with many of the conclusions reached by Magistrate Judge.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge de novo, as well the motions, memoranda, and objections filed by the parties. Upon considering all issues de novo, the Court finds no merit to Plaintiff's Objections. Accordingly, the Court: (1) ADOPTS the Order and Report and Recommendation (Doc. 63) of the Magistrate Judge in its entirety; (2) DENIES Plaintiff's Motion to Amend the Complaint (Doc. 58); (3) GRANTS Defendants' Motions to Dismiss (Docs. 37, 46); (4) DENIES Plaintiff's Motions to Proceed to Trial (Docs. 42, 51) as moot; and (5) CERTIFIES that an appeal of this Order would not be taken in good faith and DENIES Plaintiff leave to appeal in forma pauperis. The Clerk shall TERMINATE this case on the docket of the Court.
IT IS SO ORDERED.
_______________
Timothy S. Black
United States District Judge