Opinion
CASE NO. 4:13-cv-370-MW/GRJ
04-16-2014
WILLIAM TONY McCROAN, Plaintiff, v. MARGUERITE J. MORGAN and ADAM SMITH, Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 45, along with the objections filed by the Plaintiff, ECF No. 46. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over the Plaintiff's objections, as this Court's opinion.
The Clerk shall enter judgment stating, "Defendant Morgan's Motion to Dismiss, ECF No. 26, is GRANTED . Plaintiff's claims against Defendant Morgan are dismissed with prejudice in their entirety."
This case will proceed against Defendant Smith who has been served but has failed to file any response to the complaint. Plaintiff has not filed a motion for default against Defendant Smith.
Further, Plaintiff is granted leave to amend his complaint to incorporate new claims against Chief Smith and Officer Chafin as raised in Plaintiff's response to the motion to dismiss.
This cause is remanded to the Magistrate for further proceedings and for review of Plaintiff's objections, ECF 46, wherein Plaintiff moves for entry of a default judgment against Chief Smith.
Mark E. Walker
United States District Judge