Opinion
CIVIL ACTION NO. 3:CV-16-171
03-04-2016
WILBERT EUGENE HACKLEY, Plaintiff, v. DAVID J. EBBERT, et al., Defendant.
() (MAGISTRATE JUDGE CARLSON) MEMORANDUM ORDER
On February 1, 2016, Plaintiff Wilbert Eugene Hackley filed the Complaint in this action. (Doc. 1) The case was referred to Magistrate Judge Carlson. On February 3, 2016, Magistrate Judge Carlson issued a Report and Recommendation (Doc. 7) recommending that Plaintiff be granted leave to proceed in forma pauperis and that the Complaint be dismissed without prejudice. Objections to the Report and Recommendation were due on February 22, 2016. No objections were filed.
Instead, however, on February 22, 2016, Plaintiff filed an Amended Complaint. (Doc. 6) In light of this new filing, IT IS HEREBY ORDERED that:
(1) The Report & Recommendation (Doc. 7) is ADOPTED;.March 4, 2016
(2) Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED;
(3) The original Complaint (Doc. 1) is DISMISSED;
(4) The matter is RECOMMITTED to Magistrate Judge Carlson for consideration of the Amended Complaint. (Doc. 10)
Date
/s/_________
A. Richard Caputo
United States District Judge