Cardwell v. Ayers

Full title: KENNETH CARDWELL, Plaintiff, v. DR. DWAYNE AYERS, ET. AL., Defendants

Court: United States District Court, M.D. Georgia, Albany Division

Date published: Aug 28, 2007

1:06-CV-31 (WLS) (M.D. Ga. Aug. 28, 2007)

Opinion

1:06-CV-31 (WLS).

August 28, 2007

ORDER

W. SANDS, Chief Judge

Before the Court is a Report and Recommendation from United States Magistrate Judge Richard L. Hodge (Doc. No. 49), filed August 6, 2007. It is recommended that Defendants' motion to dismiss be denied without prejudice as Defendants have subsequently filed a motion for summary judgment. Neither Plaintiff, nor Defendants, have filed a timely objection.

Upon full consideration of the record, the Court finds that said Recommendation should be and hereby is, ACCEPTED, ADOPTED and made the order of this Court for reason of the findings and reasons set out therein. Accordingly, Defendants' motion to dismiss (Doc. No. 28) is DENIED without prejudice.

SO ORDERED.