Opinion
Civil Action 23-71-DLB-EBA
03-11-2024
BRANDON LAMONT BAILEY PLAINTIFF v. DUSTIN HENDERSON DEFENDANT
ORDER
David L. Bunning, United States District Judge
This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Edward B. Atkins (Doc. # 19) wherein he recommends that Defendant's Motion to Dismiss the official capacity claims against him (Doc. # 17) be granted. Plaintiff filed an Objection to the R&R, stating that it “is unclear to (him) if the suite (sic) is to continue as to his individual capacity claims against the defendant and inquiring as to the status of his motion to file an Amended Complaint. (Doc. # 20). The record reflects that the parties are pursuing discovery. As such, it is clear that this matter is continuing as to the claims against Defendant in his individual capacity. Further, Plaintiff's motion to amend his Complaint was denied as moot. (Doc. # 22). Therefore, to the extent that Plaintiff has objected to the R&R, the objection will be overruled.
The Court has reviewed the R&R and concludes that it is sound in all respects, and it will be adopted as the opinion of the Court.
Accordingly, IT IS ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 19) is ADOPTED as the Opinion of the Court;
(2) Plaintiff's Objection to the Report and Recommendation is OVERULED; and
(3) Defendant's Motion to Dismiss (Doc. # 17) is GRANTED.
This is an INTERLOCUTORY and NON-APPEALABLE Order.