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Ford v. Cosby

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
Jan 16, 2019
CIVIL ACTION NO. 5:18-cv-00075-TES-TQL (M.D. Ga. Jan. 16, 2019)

Opinion

CIVIL ACTION NO. 5:18-cv-00075-TES-TQL

01-16-2019

ROBERT R. FORD, Plaintiff, v. Sergeant COSBY, et al., Defendants.


ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION

Before the Court is the United States Magistrate Judge's Recommendation [Doc. 24] to grant Defendant Lavern Cosby's Motion to Dismiss [Doc. 19]. Plaintiff has not filed an objection or sought an extension of time to file an objection within the fourteen-day period outlined in the magistrate judge's Recommendation. [Doc. 24 at p. 6]. Thus, the Court reviews the Recommendation for clear error. 28 U.S.C. § 636(b)(1). Having considered the Recommendation, the Court agrees with the findings and conclusions of the United States Magistrate Judge that Plaintiff failed to file a timely grievance within the required ten-day window and thereby failed to exhaust his administrative remedies before filing his lawsuit in federal court. [Doc. 24 at p. 2 (quoting 42 U.S.C. § 1997e(a))]; see also [Id. at p. 4].

During the Court's initial review of the Recommendation on December 17, 2018, it noted that Plaintiff's initial pleadings indicated Augusta Medical Prison as his institution of incarceration. [Doc. 1-1]. However, a search on the Georgia Department of Corrections website showed Plaintiff's "most recent institution" as Coffee Correctional Facility, and the Court notified the Clerk of Court of a potential address change. Ga. Dep't. of Corr., (Jan 16, 2019, 11:46 AM), http://www.dcor.state.ga.us/GDC/Offender/Query. Thereafter, the Clerk of Court verified the same and docketed a "Notice of Change of Address to Coffee Correctional Facility (per search of the GA DOC website)" and changed Plaintiff's address on the Court's electronic filing database, CM/ECF. Notice of Change of Address, Ford v. Cosby, et al., No. 5:18-cv-00075-TES-TQL (M.D. Ga. Dec. 17, 2018). Given Plaintiff's change of address, and out of an abundance of caution to ensure Plaintiff's receipt of the Recommendation, the Clerk of Court sent a second copy of the Recommendation, this time to Coffee Correctional Facility. Clerk's Proof of Service, Ford v. Cosby, et al., No. 5:18-cv-00075-TES-TQL (M.D. Ga. Dec. 17, 2018).

Thirty additional days having passed without either party filing a timely objection to the Recommendation, the Court ADOPTS the United States Magistrate Judge's Recommendation [Doc. 24] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court GRANTS Defendant's Motion to Dismiss [Doc. 19].

SO ORDERED, this 16th day of January, 2019.

S/ Tilman E. Self, III

TILMAN E. SELF, III, JUDGE

UNITED STATES DISTRICT COURT


Summaries of

Ford v. Cosby

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
Jan 16, 2019
CIVIL ACTION NO. 5:18-cv-00075-TES-TQL (M.D. Ga. Jan. 16, 2019)
Case details for

Ford v. Cosby

Case Details

Full title:ROBERT R. FORD, Plaintiff, v. Sergeant COSBY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

Date published: Jan 16, 2019

Citations

CIVIL ACTION NO. 5:18-cv-00075-TES-TQL (M.D. Ga. Jan. 16, 2019)