Opinion
Civil Action 3:21-CV-001315
01-04-2024
ROBERT C. BOLUS, SR., Plaintiff, v. WILLIAM GAUGHAN, Defendant.
Mehalchick Magistrate Judge
ORDER
Robert D. Mariani United States District Judge
AND NOW, 4th THIS DAY OF JANUARY 2024, upon review of Magistrate Judge Karoline Mehalchick's Report and Recommendation (“R&R”) (Doc. 18) and all relevant documents for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 18) is ADOPTED for the reasons set forth therein.
The recommended disposition is based on a merits analysis of Plaintiff's Amended Complaint for Civil Rights Violations (Doc. 15) filed on May 9,2023. (See Doc. 18 at 6-10.) The R&R also notes the untimeliness of Plaintiff's May 9,2023, Amended Complaint (Doc. 15). (Doc. 18 a 5 n.2.) In adopting the R&R, the Court agrees with the R&R's timeliness assessment. (See Doc. 18 at 5 n.2.)
2. Defendant's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (Doc. 16) is GRANTED.
3. Because the Court has determined that amendment would be futile (see Doc. 18 at 10), the Amended Complaint for Civil Rights Violations (Doc. 15) is DISMISSED WITH PREJUDICE.
4. The Clerk of Court is directed to CLOSE the case.