Opinion
Civil No. 3:11-0914
01-10-2012
CHARLES H. MCELYEA, Plaintiff, v. LARRY WALLACE, Judge, ERIC THORNTON, Attorney, and KYLE SANDERS, Attorney, Defendants.
Judge Trauger
Magistrate Judge Brown
ORDER
On November 9, 2011, the Magistrate Judge issued a Report and Recommendation, recommending that the Complaint filed in this case be dismissed as frivolous. (Docket No. 7) At his request, the pro se plaintiff was given until January 4, 2012 within which to file objections to the Report and Recommendation. (Docket No. 11) Instead of filing objections by January 4, 2012, the plaintiff filed an Amended Complaint on January 5, 2012. (Docket No. 14)
It is hereby ORDERED that the Report and Recommendation is RETURNED to the Magistrate Judge for possible modification as a result of the filing of the Amended Complaint, which this court will construe as timely filed.
It is so ORDERED.
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ALETA A. TRAUGER
U.S. District Judge