Opinion
CIVIL ACTION No. 5:12-CV-281 (CAR)
11-16-2012
FRED DALTON BROOKS, Petitioner, v. CARL HUMPHREY, et al., Respondents.
42 U.S.C. § 1983
ORDER ON RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Presently before the Court is the United States Magistrate Judge's Recommendation to dismiss John and Jane Doe from the above-captioned suit [Doc. 7]. Petitioner Fred Dalton Brooks has not filed an objection to the Recommendation. Having reviewed the Recommendation and Petitioner's Complaint, the Court agrees with the findings and conclusions of the Magistrate Judge. In its current form, Petitioner's Complaint does not provide sufficient information to identify John and Jane Doe among the several guards employed by the Georgia Diagnostic and Classification State Prison. As "fictitious-party pleading is not permitted in federal court," John and Jane Doe are hereby DISMISSED from this action.
See Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010).
Id.
Accordingly, the Recommendation of the United States Magistrate Judge [Doc. 7] is hereby ADOPTED AND MADE THE ORDER OF THE COURT. As stated by the Magistrate Judge, Petitioner "may amend his complaint (keeping in mind any applicable statute of limitations) if and when he learns the names of these individuals or is able to provide a specific description of these individuals."
[Doc. 7 at 4].
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C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
BBP