Opinion
CIVIL ACTION NO. 5:12-CV-146(MTT)
06-06-2012
PATRICK DAVIS, Plaintiff, v. STEVE UPTON, et al., Defendants.
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 5). The Magistrate Judge recommends dismissing Defendant John Doe Cert Officer because the Plaintiff failed to identify said Defendant prior to the expiration of the statute of limitations. The Magistrate Judge also recommends dismissing without prejudice Defendants Floyd, Upton, Johnson, and Moore. The Plaintiff has filed an objection to the Recommendation. (Doc. 10). Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff's objection and has made a de novo determination of the portions of the Recommendation to which the Plaintiff objects.
The Recommendation is adopted and made the order of this Court. Defendant John Doe Cert Officer is dismissed from this action. Further, Defendants Floyd, Upton, Johnson, and Moore are dismissed without prejudice.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT