Opinion
CIVIL ACTION NO. 6:16cv1261
03-09-2018
LOWELL QUINCY GREEN, #518622 v. LORIE DAVIS, DIRECTOR, ET AL.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Lowell Green (Green), proceeding pro se and in forma pauperis, filed this civil rights action under 42 U.S.C. § 1983. After this Court adopted the Magistrate Judge's Report recommending that Green's case be dismissed for his failure to prosecute, Green filed a motion for reconsideration, (Dkt. #23). The Magistrate Judge then recommended that, because Green's objections and motions indicate that he has made a good-faith effort to properly plead his civil rights lawsuit, Green's motion for reconsideration should be granted and Green should be afforded one additional opportunity to plead his case. (Dkt. #25).
Green has filed objections to this most recent Report, (Dkt. #30). He maintains that the Magistrate Judge's "allegations are erroneous and arbitrary abuses of discretion," and that she disregarded the defects in his criminal indictment. However, the Magistrate Judge did not make any findings in her Report; rather, she recognized that the crux of Green's case was his complaint about his indictment and determined that he should be afforded one additional opportunity to plead his case regarding the allegedly defective indictment. Accordingly, Green's objections are without merit.
The Court has conducted a careful de novo review of those portions of the Magistrate Judge's proposed findings and recommendations to which Plaintiff objected. See 28 U.S.C. §636(b)(1) (District Judge shall "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). Upon such de novo review, the Court has determined that the Report of the United States Magistrate Judge is correct and the Plaintiff's objections are without merit. Accordingly, it is
ORDERED that Plaintiff's objections, (Dkt. #30), are overruled and the Report of the Magistrate Judge is ADOPTED. Further, it is
ORDERED that Plaintiff's motion for reconsideration, (Dkt. #23), is GRANTED. Plaintiff's case shall be reopened and placed on the active docket. Moreover, it is
ORDERED that Plaintiff shall file his amended complaint—on the proper section 1983 form, which can be found within the prison library—within thirty (30) days from receipt of this order. Failure to file an amended complaint as specified by this order may result in the dismissal of this lawsuit for failure to prosecute or for failing to obey an order of the Court. Plaintiff shall ensure that his case number, 6:16-cv-1261, appears prominently on the front page of the form. The Clerk shall send to Plaintiff a standard section 1983 lawsuit form for his use in compliance of this order.
So Ordered and Signed
Mar 9, 2018
/s/_________
Ron Clark, United States District Judge